Madras High Court issued interim guidelines/directions for proper recognition of the rights of LGBTQIA+ community and to ensure their safety and security.

In the matter of S.Sushma & Anr. Vs. Commissioner of Police & Ors., having W.P No. 7284 of 2021 as decided by the Hon’ble Madras High Court on 07.06.2021.

The present case is one of its kind as the Hon’ble Madras High Court not only recognized the constitutional rights of the LGBTQIA+ community but also issued guidelines to protect their rights and interest, while noting that ‘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.’
The present case was filed by the Petitioners, a lesbian couple, seeking direction to the police not to cause harassment and to provide protection from any form of threat or danger to their safety and security from their parents, respectively.
What makes the present order unique is that, before issuing the below mentioned guidelines, the Hon’ble Judge, himself underwent a session of psycho-education as well as personally interacted with the Petitioners and other persons belonging to the LGBTQIA+ community in order to understand the ground realities, the emotions, social discrimination and exclusions, and several other difficulties faced by the community.
Being the sentinel on the lookout, the Hon’ble Court observed that it must exercise its jurisdiction to protect the rights of the petitioners, which are constitutionally guaranteed under Articles 14,15 and 21 of the Constitution of India and issued the following guidelines and directions for proper recognition of the rights of LGBTQIA+ community and to ensure their safety and security to lead a life chosen by them.
a. The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.

b. The Ministry of Social Justice & Empowerment (MSJE), has to enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. The list of such NGOs along with the address, contact details, and services provided shall be published and revised periodically on the official website. Such details shall be published within 8 weeks from the date of receipt of copy of this order.

c. Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rights.
d. The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually.
e. Such problems shall be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.
f. With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and “garima greh” (a shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. Besides, it will provide support for capacity building/skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order.
g. Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream shall also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavour to device such measures and policies.
The Court also suggested some sensitization programs to be conducted by the concerned ministry of Union/State Governments in order to create awareness amongst Police and prison authorities, District and State Legal Service Authorities, Judiciary, Physical and Mental Health Professionals, educations institutions, parents of LGBTQIA+ members, etc.