The Madras High Court recently ordered the grant of police protection to a woman who was facing threats and harassment from her family after she revealed that she was a queer person, belonging to the LGBTQIA + community.

Logo
News
Columns
Dealstreet
Interviews
Apprentice Lawyer
Viewpoint
हिंदी
ಕನ್ನಡ

Litigation News
Madras High Court orders police protection for LGBTQIA+ woman facing threats, harassment from family
Justice Nirmal Kumar noted that the High Court has already issued guidelines to ensure the protection of LGBTQIA+ persons, considering the precariousness with which such people are made to lead their life.
Madras High Court orders police protection for LGBTQIA+ woman facing threats, harassment from family
LGBTQ, Madras HC
Meera Emmanuel
Published on :
07 Jul, 2021 , 9:22 am
The Madras High Court recently ordered the grant of police protection to a woman who was facing threats and harassment from her family after she revealed that she was a queer person, belonging to the LGBTQIA + community.

While doing so, Justice Nirmal Kumar also pointed out that another Bench of the High Court has already issued guidelines to ensure the protection of LGBTQIA+ persons, considering the precariousness with which such people are made to lead their life.

The High Court ordered the police “not to cause any harassment and also give appropriate protection for the safety and life of the petitioner” in compliance with the guidelines earlier issued by the Court.

Also Read
[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ
The petitioner had informed the Court that she had received frequent life threats from family after she disclosed that she was queer.

At the age of 17, her family stopped her from pursuing further studies and married her off forcibly. It was submitted that the petitioner realised that she was queer and could not stay in a heterosexual marriage and the marriage did not survive.

The petitioner narrated that she had tried to reason with her family that she was not interested in a heterosexual relationship, to no avail. Her family members are stated to have abused her physically and verbally, even remarking that they would not have a daughter at all.

In this backdrop, the petitioner and her partner left home of their own accord in April this year and began residing together. The petitioner also recounted that on one occasion, her father’s brother had also tried to forcibly separate them on the basis of an FIR that was lodged against her.

Days after they left home, the petitioner’s family sent her a photocopy of a “Woman Missing” FIR via WhatsApp, which the petitioner apprehended would be used to forcibly take the petitioner back to her native place.

The petition was moved before the High Court on account of rising threats through phone calls and messages. Concern was raised that her family may resort to honour killing or adopting other tactics to physically harm her. As such, the Court was urged to grant her police protection.

Justice Kumar ordered the grant of police protection for the couple, observing:

“The petitioner admitted that she belongs to LGBTQIA+ community. The parents of the petitioner on earlier occasion had forcibly separated the petitioner and (partner). Now, the petitioner and (partner) are living together and they are conscious about their relationship. This Court in W.P.No.7284 of 2021 dated 07.06.2021 has issued guidelines to the Police…In view of the above, the respondent Police is directed not to cause any harassment and also give appropriate protection for the safety and life of the petitioner.”

A Bench of Justice Anand Venkatesh had recently passed a detailed judgment with various guidelines and measures to sensitise society and various branches of the State including the police and the judiciary to overcome prejudices against the LGBTQIA+ community.

To this end, the Court suggested that changes be made to curricula of schools and universities to educate students on understanding the LGBTQIA+ community.

The Court also ordered strict action against those found to be indulging in attempts to cure/change sexual orientation. The judgment was rendered in a plea by a lesbian couple seeking protection from their relatives.

You may also like...