Teesha –
The Madras High Court issued guidelines to ensure that members of LGBTQIA+ community are not harassed by police in missing complaint lodged by their parents.
The judgment upholding the rights of members of LGBTQIA+ community, came in while considering a writ petition filed by two lesbian women against police harassment.
A Single Judge Bench of Justice Anand Venkatesh observed that there is a need to change the approach towards the LGBTQIA+ relationships, and the main reason behind them facing the hostilities is that, they are bereft of societal sanctions.
The Court called for legislative interventions to curb societal discrimination against the LGBTQIA+ community, and to ensure the protection of life and dignity.
Observing, that till the time the Legislature comes up with an enactment, the community cannot be left in a vulnerable atmosphere and therefore the Bench issued certain guidelines:
- The police on receipt of any missing complaint of a person belonging to LGBTQIA+ community should close the complaint without subjecting them to harassment.
- Within 8 weeks from the date of receipt of this order, the Ministry of Social Justice and Empowerment is directed to upload a list of NGOs and Community groups which have expertise in handling the issues faced by LGBTQIA+ community on their website.
- Any person facing any issue may approach the NGO in order to protect their rights.
- The concerned NGOs would keep the record of the people approaching it confidential and is directed to submit the same to the Ministry Bi-annually.
- Such issues should be addressed with the best suited method depending on the facts of the case.
- Within 12 weeks of receiving this order the Ministry is directed to establish adequate infrastructure to shelter the members of LGBTQIA+ community in case they require shelter or homes.
- The Union Government in collaboration with the concerned Ministries shall device measures and policies to eliminate prejudices against the LGBTQIA+ community
- Sensitisation programmes should be conducted by the Ministry to create awareness.