Stating that the entire police force across Maharashtra needs to be sensitised to handle cases related to “same-sex couples in conflict with their families”, the Bombay High Court on Wednesday told a same-sex couple to come up with draft guidelines that will not just be limited to the police department but help the court get a ‘broader picture’.
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.
During the last hearing, Maharashtra Police had assured to give protection by deploying constable in plainclothes to the same-sex couple, who apprehended threats from one of the partner’s family.
The petitioner 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 the guidelines passed by the 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.
“You see what are rules by Madras HC and see rules for Maharashtra police. Then you see what needs to be done and then make submissions. The implementation can happen only if you incorporate the guidelines across the state. Your (petitioner’s draft) guidelines are limited to the assistance which police can give. But we want to look at the broader picture…,” said the bench.
The bench asked the petitioner to make other departments of the state government, including the education department, as party to the case so that comprehensive guidelines can be considered during the next hearing on July 28.
“There has to be sensitisation of the entire police force across the state,” the bench remarked.