'Appreciate The Seriousness Of State Gov': Madras HC Takes On Record Compliance Reports Regarding Directions Issued To Protect LGBTQIA+ Community

The Madras High Court applauded the State government on Monday for taking prompt measures to build a more inclusive environment for the LGBTQIA+ community pursuant to its earlier directions.  The Court was adjudicating upon a writ petition moved by a lesbian couple seeking protection from police harassment. In its earlier order dated August 31, 2021 the Court had issued a host of directions against police harassment, insensitive media reportage and 'conversion therapies' in matters pertaining to the LGBTQIA+ community. 

Justice Anand Venkatesh observed, 

"This Court appreciates the seriousness with which the State Government has taken up the issue seriously"

Awareness and sensitisation programmes being conducted by the Police Department 

The Court on Monday took on record the compliance report filed by the Police Department pertaining to the directions issued in its earlier order. The report stipulated that awareness and sensitisation programmes are being conducted for police personnel on a regular basis.

Furthermore, the Court also directed that persons belonging to the LGBTQIA + community and also activists/NGO workers who work for the cause must be asked to conduct such senisitisation programmes in the future.

"The learned State Public Prosecutor readily agreed for the said suggestion and submitted that the same will be conveyed to the Director General of Police", the Court recorded in its order.

Incorporation of a clause in the Police Conduct Rules penalising police harassment towards LGBTQIA+ community under process 

In its earlier order, the Court had instructed for the addition of a specific clause in the Police Conduct Rules specifically providing that any harassment by the police, to the persons belonging to the LGBTQIA+ community and/or to the activists and NGO workers, will be treated as misconduct and will entail a punishment for such misconduct.

The Court was apprised that a communication in this regard had already been sent on September 22, 2021 by the DGP to the Additional Chief Secretary to Government, Home Department in order to add the stipulated clause in the Police Conduct Rules.

"The learned Additional Advocate General appearing on behalf of the Additional Chief Secretary to the Government submitted that incorporating such a clause in the Police Conduct Rules is under process and the same will be reported to this Court during the next date of hearing", the order read.

Sensitisation programmes being conducted for media houses in order to encourage queer friendly reporting  

The Court had earlier expressed strong reservations against insensitive media reporting pertaining to the LGBTQIA + community. The Additional Advocate General apprised the Court on Monday that one of the renowned newspapers had already arranged for a seminar wherein it recognised that the media must build a queer friendly future. Furthermore, it was informed that the State government is currently in the process of developing resources containing the words and expressions that are to be used while reporting or writing about the LGBTQIA + community.

"The relevant news article was also placed before this Court wherein the Assistant Resident Editor of the New Indian Express, Tamil Nadu, has come up with the idea of using a Style Guide which will help in maintaining uniformity while reporting stories. That apart, the editors and reporters can also be given formal training while reporting queer stories. The learned Additional Advocate General submitted that once such a style guide is finalized, the same can be made use by everyone who is involved in news reporting and this will ensure that the persons belonging to the LGBTQIA + Community are addressed with due respect and without usage of any demeaning words", the Court further observed.

Identity cards to be issued to transgender persons 

The State government also informed the Court that a scheme called Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) is currently operational which provides shelter homes to people from the LGBTQIA+ community.

The Court further recorded,

"It was also brought to the notice of this Court that the Ministry of Social Justice and Empowerment is regularly organizing sensitization programs for several stake holders and transgender community and they are also being made aware about the 2019 Act, which gives them protection. It was also brought to the notice of this Court that identity cards will be issued to transgender persons and the process is under way. The learned Additional Solicitor General assured that the Central Government and its departments will take all efforts to ensure that the persons belonging to the LGBTQIA + Community are given their due recognition and they are accepted as a part of this society"

Order stipulating a change in MBBS curriculum informed to the National Medical Commission

In its earlier order, the Court had reprimanded the practice of 'conversion therapy' that is often engaged in by various mental health professionals. It had also been observed that the curriculum of the MBBS course needs to be revamped in order to be more queer friendly. 

"The learned Standing counsel appearing on behalf of the National Medical Commission submitted that the earlier orders passed by this Court has already been forwarded to the Commission and since the Commission is now engaged in the NEET examination and admission to the Medical courses, the learned Standing Counsel sought for some more time to take instructions and file a report before this Court", the Court observed.

It was also brought to the notice of the Court that the Tamil Nadu State Judicial Academy has been conducting sensitization programs on a regular basis for judges belonging to the District Judiciary as well as for High Court judges. The Court directed the State Judicial Academy to file a report on the steps undertaken on the next date of hearing.

Opining on the necessity of legal literacy and legal awareness camps, the Court observed,

"This Court expects that such awareness programs/ campus are organized on a regular basis, since such one time measures can never bring in a change. We are dealing with a situation where the deeply embedded prejudice has to be effaced and therefore, it requires continuous effort on the part of all the Stake holders"

The matter is slated to be heard next on December 12 at 2:15 pm.

Case Title: S. Sushma and Anr v. Director General Of Police

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