TN Govt Considering Amendments In Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community: State Tells Madras High Court

Proposed Amendment To Tamil Nadu Police Conduct Rules

The Court was informed that 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 that shall specifically deal with disciplinary action to be initiated against police officers who involve in the act of harassing LGBTQIA+ persons.

It was further submitted that the draft amendment is under serious consideration, and within a couple of weeks, the Government will pass appropriate orders amending the said Conduct Rules.

Hearing this, the bench remarked,

"…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."

Sensitization Programmes For Prison Personnel

The Court also took on record a report filed by Directorate General of Prisons, regarding the sensitization programmes conducted for personnel in various central prisons across the state, with the help of members of the LGBTQIA+ community.

It was further submitted that Transwomen prisoners are lodged in Special Prisons for Women and Trans-Men prisoners are lodged in Central Prisons, based on the gender category mentioned in the warrant of respective prisoners. Additionally, it was submitted that LGBTQIA+ Prisoners are housed separately in all Tamil Nadu Prisons.

Progress In Formulation Of Transgender Policy

In the order dated 4^th October, the High Court had asked authorities including school education, higher education, home departments as well as the State Ministry of Law and Tamil Nadu State Legal Services Authority to create a transgender policy. The Additional Advocate General has sought more time to formulate the same. The High Court has also asked the Department of Social Welfare & Women Empowerment to submit a status report on the same.

"…There shall also be a further direction to prepare a standardised guide/prescriptive glossary containing the words and expressions to be used by the press and media while addressing persons belonging to the Community. Once such a Guide is placed before this Court, this Court will issue a mandamus to the press and media to henceforth use only those terms while addressing persons belonging to the Community. The status report shall be filed before this Court on 23.12.2021 covering all these aspects", the court noted about standard words and expressions to be used by the press and media while addressing LGBTQIA+ Community.

'Unscientific' & 'Derogatory' Material About LGBTQIA+ Community In MBBS Curriculum

The court has asked the National Medical Commission to consider draft modifications suggested by the petitioners for removing offensive and unscientific terms about the LGBTQIA+ community from the Competency-Based Under Graduate Curriculum (CBME).

NCERT Action Plan For Sensitization

The Court has been informed that the NCERT has devised an action plan for widespread sensitisation of teachers, parents and students to accommodate gender non-conforming children.

However, the Court was dismayed over taking down of certain material published by the authority on this subject, following pressure that was exerted from some quarters.

"This Court is unable to understand the need for such a knee jerk reaction within hours of the material getting uploaded on the website. If someone really had a grievance, the same should have been addressed in a proper manner through proper consultation and meetings, and no one can be allowed to arm twist a State-run council into forcibly withdrawing a material that came out after a long study by a committee", the court said.

It added,

"The report of an expert body after a detailed study cannot be dumped just because a handful of persons are opposed to this very idea of recognising persons belonging to the Community. In a democratic country like India, discussions and consultations must form the basis for any policy and pressure tactics cannot be allowed to shut down any policy, and if such an attitude is encouraged, it poses a greater danger to the fabric of this nation. This Court, therefore, expects NCERT to come up with a status report on this issue before the next date of hearing."

Sensitization Programmes By Tamil Nadu State Judicial Academy

The court also noted that the Tamil Nadu State Judicial Academy has conducted sensitisation programmes for civil judges and newly appointed Assistant Public Prosecutors under the guidance of LGBTQIA+ Community members.

"Insofar as the Legal Services Authority is concerned, the Member Secretary, Legal Services Authority shall coordinate with the Director, TNSJA and collect the materials in order to formulate the basis for conducting the sensitisation programme", the court directed that a status report can be file on the plan of action in this regard.

The matter will next be taken up on 23^rd December, 2021.