Madras High Court issued guidelines against police harassment of LGBTQIA+ Community

Madras High Court Law InsiderMadras High Court Law Insider


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:

  1. The police on receipt of any missing complaint of a person belonging to LGBTQIA+ community should close the complaint without subjecting them to harassment.
  2. 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.
  3. Any person facing any issue may approach the NGO in order to protect their rights.
  4. 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.
  5. Such issues should be addressed with the best suited method depending on the facts of the case.
  6. 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.
  7. The Union Government in collaboration with the concerned Ministries shall device measures and policies to eliminate prejudices against the LGBTQIA+ community
  8. Sensitisation programmes should be conducted by the Ministry to create awareness.

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