CHENNAI: The Madras High Court has once again come to the rescue of a woman belonging to the LGBTQIA+ community. The court directed the Namakkal police to not harass the woman based on a ‘missing’ complaint lodged by her parents, and also told them to provide adequate protection for her safety. Earlier, the High Court had issued a set of guidelines to ensure the community’s protection from harassment.
The issue pertains to a plea moved by a queer woman who was forcibly married to a male by her parents when she was 17 years old. She said that fearing for her life and safety, she left her home on April 17 and moved in with a queer friend. She feared her family would resort to honour killing or cause physical harm to her. After the petitioner started living with her friend in her hometown, the friend’s brother lodged a police complaint and an FIR was registered. She said she was forcibly moved out of the house, and was not allowed to make her own life choices despite being a major.
When the plea came up for hearing, the government counsel submitted that a case of ‘women missing’ was registered based on a complaint from the woman’s mother. Justice M Nirmal Kumar, in his order, referenced the court’s guidelines issued last month that stated, if police, on receipt of such missing cases find it involved consenting LBGTQIA+ adults, they should close the complaint without subjecting them to harassment.
In the present case, the petitioner admitted that she belongs to the LGBTQIA+ community. Her parents had forcibly separated her from her friend, and now, the two of them are living together and are conscious about their relationship, the judge pointed out. He directed the police not to harass but to protect the petitioner.
Last month, Justice Anand Venkatesh of the HC, issued an order putting forth guidelines in which he said, “Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety. This gap is now sought to be filled in by issuing guidelines till law takes over and guarantees safety and protection.”
‘Can’t leave in vulnerable atmosphere’
Earlier, the court while putting forth guidelines had said, “Till the legislature comes up with an enactment, the community cannot be left in a vulnerable atmosphere.”