LGBTQIA+ community cases: HC suggests panel to form guidelines on sensitising police, Maharashtra says will consider

A division bench of Justices Revati Mohite-Dere and Gauri Godse was hearing a plea by a couple, filed through advocate Vijay Hiremath, seeking directions to authorities to provide one of them appropriate protection to safeguard her life, liberty and dignity. The plea also sought that no coercive action be taken against the petitioner.

Earlier, Maharashtra Police had assured protection by deploying constable in plainclothes to the same-sex couple, who apprehended threats from one of the partner’s family.

The petitioner had submitted draft guidelines for police for handling cases related to couples in conflict with their families. The proposed draft guidelines pertain to missing person complaints, criminal complaints and assistance by police among others.

The bench referred to guidelines passed by Madras High Court to protect same-sex couples from police harassment, and told the petitioner that the proposed draft guidelines submitted by the couple were only limited to the police department, and the ‘broader picture’ has to be considered before formulating guidelines. “We want the State to come up with something for police to be able to handle missing or kidnapping complaints against lesbian or gay couples and granting them protection. This is the larger issue. Since we are dealing with police, there should be guidelines for dealing with the given set of issues,” the bench orally said.

Advocate General Birendra Saraf, representing Maharashtra government, said he will take instructions from officers concerned, if a committee can be formed that also includes members from LGBTQIA+ community. Saraf stated that the panel can specifically look for protocol to be followed by police, while handling complaints of missing persons and protecting members of the community.

The bench suggested that guidelines should be formulated with an aim to prevent harassment at the hands of the police. The court also suggested if the state could consider amending the code of conduct for police in the state similar to that in Tamil Nadu. AG Saraf referred to the SC verdict which laid down such a protocol for police while handling missing and kidnapping complaints, and said, “We could easily do it. This is something obvious. It is by the Supreme Court, there is no reason why it can’t be followed.”

The bench also said that the said protocols can be incorporated in the police manual and can also consider assistance from advocate Vijay Hiremath appearing for petitioner in the matter to articulate guidelines, along with a person from LGBTQIA+ community.

The judges also asked the state government to resolve issues of members of the community in jails. “Prisons are important too. There can be separate barracks for prisoners from LGBTQIA+ community. And where you do not require the government, do it at the police level” the bench said and posted further hearing after three weeks.