Tamil Nadu Govt Amends Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community
The Tamil Nadu Government has notified an amendment to the State's Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons. The amendment was notified in the Tamil Nadu Government Gazette by exercising the powers conferred by Section 8 of the Tamil Nadu District Police Act, 1859 and Section 9 of the Chennai...
The Tamil Nadu Government has notified an amendment to the State's Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons.
The amendment was notified in the Tamil Nadu Government Gazette by exercising the powers conferred by Section 8 of the Tamil Nadu District Police Act, 1859 and Section 9 of the Chennai City Police Act, 1888.
Rule 24- C in the amended Police Conduct Rules states as follows:
"24-C. 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 persons working for the welfare of the said community.
Explanation: For the purpose of this rule, harassment does not include the right of police to make any enquiry as per the procedure established by law"
It is pertinent to note that Justice N. Anand Venkatesh was apprised by the State Public Prosecutor on 7th December, 2021 that the state was seriously considering amendments to the Police Conduct Rules to ensure that the Community does not suffer harassment at the hands of any police officer.
On that occasion, the Tamil Nadu Director General of Police, via his compliance report had informed the court that the draft amendment to the Police Conduct Rules has already been placed before the Government and that the same proposes to include Rule 24-C in the Conduct Rules.
Taking note of the submission and appreciating the DGP, the court had then observed:
"…This new Rule will be effectively instrumental in ensuring that the Community does not suffer harassment at the hands of any police officer. This Court is confident that regular sensitisation programmes will definitely help the police officers change their attitude insofar as the LGBTQIA+ Community is concerned, and in the future, instances warranting the use of this particular Conduct Rule to punish erring police officers will become rare."
The above developments occurred in a protection plea filed by a Lesbian couple facing police harassment and pursuant to a slew of guidelines issued by the High Court in June this year to ensure the protection of LGBTQIA+ persons in consensual relationships.
The Court had also issued a host of directions against police harassment, insensitive media reportage in matters on the LGBTQIA+ community, insensitive terminology in medical textbooks regarding the LGBTQIA+ community, etc.