The Bombay High Court on July 28 asked the Inspector-General (IG), Prisons, of Maharashtra to give suggestions to ensure no discriminatory treatment is meted out to transgender persons and homosexual persons lodged in prisons.
A Division Bench of Justices Revati Mohite Dere and Gauri Godse was hearing a petition filed by a lesbian couple seeking protection from family members opposing their relationship. As per the plea filed by advocate Vijay Hiremath, the couple has been forced to constantly change houses, because of threats from the family members.
After the couple started living together, one of the family members lodged a “missing girl” complaint with the Maharashtra Police and therefore they moved the court seeking protection. The court on July 28 widened the scope of the petition by looking into larger issues concerning the welfare of LGBTQIA+ persons.
Advocate Hiremath on July 28 requested the court to consider passing draft guidelines in order to ensure that such issues do not arise in the future. The court took into consideration a case before the Madras High Court, which had asked the Tamil Nadu government to come up with sensitisation programmes across departments in the State.
The Bench then asked Mr. Hiremath to conduct research on what kind of amendments would be required to the rules concerning the police. He said the office of IG (Prisons) of Maharashtra is the competent authority to give suggestions to bring about an amendment to the Bombay Police Manual.
The Bench then added the IG as a party to the case and posted the matter on August 11.
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Last week, the Maharashtra government had assured the couple in court that a constable in plain clothes will be provided to them for their protection. However, no constable was sent. When the court was informed about the same, the Bench noted there is a need to ensure that such cases are handled with empathy and sensitivity. The court had said, “It is not merely for this singular case but sensitisation of the police force is needed across the board in the State of Maharashtra.”
