The Tamil Nadu government made an amendment to the Tamil Nadu Subordinate Police Officers’ Conduct Rules to prevent harassment of any person from the LGBTQIA+ community and the people working for the community's welfare. What is the amendment? The order, dated February 15, issued by the state Home Ministry, adds Rule 24C below rule 24B of the Conduct Rules. The addition reads: “No police officer shall indulge in any act of harassment of any person belonging to the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual) + Community and the people working for the welfare of the community.” It also adds an explanation: “For the purpose of this rule, harassment doesn’t include the right of police to make an inquiry as per the procedure established by the law.” Why this amendment? The amendment followed a direction from the Madras High Court on a protection plea filed by a lesbian couple who faced harassment from the police. The court direction last August, by Justice N Anand Venkatesh, said: “A specific clause is to be added in the Police Conduct Rules specifically providing that any harassment by the police to the persons belonging to the LGBTQIA+ community and the activists and NGO workers, will be treated as misconduct and will entail a punishment for such misconduct.” Following this, the state home department had taken several steps in September and October last year within the department. Several circulars were issued to officers in various hierarchies and districts to sensitise the force in handling issues related to LGBTQIA+. A similar order in the past One of the crucial steps taken by the Madras High Court on similar lines was the ban of conversion therapy in June 2021. While the order made Tamil Nadu the first state in India that banned ‘conversion therapy,’ which are widely available therapy programmes in Indian hospitals as well as many religious institutions to “change” the sexual orientation of LGBT people, the court had then also suggested changes in the school and university curricula to educate students on understanding the LGBTQIA + community. Again, this court order had also come on a plea filed by a lesbian couple who faced trouble from parents and police after they fled their homes in Madurai to live in Chennai. Reaction Gopi Shankar, a prominent intersex activist in India and researcher who closely works with several bodies of Union and state governments, said Tamil Nadu should have introduced an anti-discrimination policy in the assembly instead of an order signed by the governor. "Because we have seen many such amendments seemingly in favour of various sectors like SC/ST etc. The outcome would be that they become mere annexures. The police force and the government should get sensitised. Do they recognise gays and lesbians in the police force? Do they even hear about LGBTQ+? I wish these are not eye washing attempts but they take serious efforts to train and sensitise their force," Shankar said. Newsletter | Click to get the day's best explainers in your inbox
