Mumbai: The police throughout the Maharashtra state needs to be sensitised to the issues faced by same sex couples, observed the Bombay High Court on Wednesday.
A division bench of Justices Revati Mohite-Dere and Gauri Godse made the observation while hearing a petition by a lesbian couple apprehending threat from the family of one of them, who live outside Maharashtra.
Missing complaint and threats from parents
The couple, aged 28 and 32 years, met on social media in 2020. They decided to live together in April this year. On April 13, the woman from outside Maharashtra left her home and came to her friend’s place in the state. The latter’s parents accepted their relationship. However, the other’s parents filed a missing complaint and allegedly threatened her to return home.
“Such incidents are not limited to one or two police stations but are there in the entire State,” said Justice Dere. On July 5, the HC had directed the police to provide protection to the couple when required.
During the hearing on Wednesday, prosecutor Prajakta Shinde informed the bench that they have shared contact numbers of the police officers.
Advocate Vijay Hiremath, appearing for the couple, said that they have no grievance with the police. He said that because of the fear of her family, one of the women could not meet her relative who was on death-bed.
Hiremath urged the court that it was necessary to frame guidelines in such cases.
The judges then referred to an amendment made to the Madras Police Conduct Rules pursuant to an order of the Madras HC in 2021 in the case of S Sushma. The case pertained to a lesbian couple who fled their homes and apprehended threats from their families. The Madras HC issued guidelines to improve overall situation of LGBTQIA+ community. It also passed directions for their acceptance and to prevent offences against them.
Hearing on July 28
The Bombay high court said that, in the lines of Madras HC order, there is a need to incorporate changes in the State Rules for police and to sensitise the police. This is to ensure that same sex couples are not harassed.
The bench then asked Hiremath to study the state rules and suggest changes. The court will then decide to add concerned state departments as respondents to the petition.
The bench also asked Shinde to take instructions on police conduct rules.
Hiremath referred to the 2018 Supreme Court judgement in Navtej Singh Johar’s case which observed that Constitutional morality has to prevail. “If two individuals want to live together, the police cannot interfere. Constitutional morality has to prevail over collective morality,” said the advocate.
The HC has kept the petition for hearing on July 28.
