The Bombay High Court has emphasized the need for sensitizing the entire police force across the state of Maharashtra in dealing with cases related to same-sex couples in conflict with their families. The court made this statement during the hearing of a plea filed by a lesbian couple seeking protection against a "missing girl" complaint filed by one of their parents, objecting to their relationship.
The division bench of Justices Revati Mohite-Dere and Gauri Godse had previously assured the couple of protection by deploying a constable in plainclothes. However, during the recent hearing, the petitioners' lawyer, Advocate Vijay Hiremath, informed the court that the police claimed they were yet to receive the High Court's order.
To address the issue and ensure that such situations are handled more effectively in the future, Advocate Hiremath requested the court to consider passing draft guidelines for dealing with similar cases. The court acknowledged the necessity of sensitizing the police force in handling such sensitive matters and empathizing with the couples involved.
Reference was made to a similar case before the Madras High Court, which had issued guidelines and asked the Tamil Nadu government to conduct sensitization programs across various departments in the state. Justice Dere pointed out that the guidelines issued by the Madras High Court had led to amendments in police conduct rules, further emphasizing the importance of a comprehensive approach.
The court suggested that to effectively implement the sensitization program, other state departments, including the education department, should be added as parties to the case, thus broadening the scope of the petition.
The bench urged Advocate Hiremath to research the necessary amendments to police conduct rules, considering the guidelines issued by the Madras High Court and the specific requirements of Maharashtra.
The matter will be further heard on July 28, during which the court is expected to explore more comprehensive guidelines and measures to ensure the protection and fair treatment of same-sex couples facing conflicts with their families.
The couple, who are consenting adults above 18 years of age, had approached the High Court seeking appropriate protection for their life, liberty, and dignity. They also sought that no coercive action be taken against them based on the "missing person" complaints filed by their families.
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