LI Network
Published on: 12 August 2023 at 17:35 IST
The Bombay High Court has inquired whether the State can establish guidelines to address harassment of LGBTQIA+ individuals by their families and the police.
The Maharashtra government proposed the formation of a committee to develop these guidelines, following a suggestion by a bench of Justices Revati Mohite Dere and Gauri Godse.
This proposal emerged during the consideration of a case initially filed for the protection of a lesbian couple, indicating the broader concerns about the well-being of LGBTQIA+ members.
The bench expressed the need for the State to provide guidance to the police on handling cases involving ‘missing person’ or ‘kidnapping’ complaints against same-sex couples, while also ensuring their protection.
Advocate General Dr. Birendra Saraf, representing the State government, assured the Court that he would consult with the government to determine the feasibility of forming a committee.
This committee, suggested to comprise government officials and LGBTQIA+ community representatives, would establish a protocol for police officers dealing with LGBTQIA+-related cases.
Dr. Saraf also highlighted an existing Supreme Court judgment containing explicit instructions for police conduct when addressing missing and kidnapping complaints.
The Court suggested integrating this protocol into the police manual and potentially amending the police code of conduct, similar to changes made in Tamil Nadu.
The bench proposed involving a lawyer knowledgeable about LGBTQIA+ matters to aid in shaping the guidelines.
Justice Dere emphasized the importance of addressing LGBTQIA+ concerns in prisons and recommended creating separate facilities for LGBTQIA+ prisoners.
The Court previously urged the Inspector General of Maharashtra to prevent discrimination against transgender and homosexual inmates in prision.