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The high court was hearing a plea filed by a lesbian couple seeking protection from one of their families who opposed their relationship. One of the girls, hailing from a state in North India, had her family file a missing complaint
A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse on Friday asked the State Government that it will consider forming a panel for developing the guidelines regarding the sensitization of police for dealing with cases related to missing complaints filed by parents of LGBTQ community.
The high court was hearing a plea filed by a lesbian couple seeking protection from one of their families who opposed their relationship. One of the girls, hailing from a state in North India, had her family file a missing complaint.
Additionally, the bench expressed its anticipation for the police to be sensitized in effectively managing cases involving "same-sex couples in conflict with their families" and instances concerning missing or kidnapping complaints lodged by family members.
The high court also said that it wanted the state government to come up with something to sensitize the police to handle cases related to lesbian and gay couples.
"We want the State to come up with something for police to handle cases about missing or kidnapping complaints against lesbian or gay couples and granting them protection. This is the larger issue. Since we are dealing with the police, there should be guidelines for dealing with the given set," the court said.
Advocate General Birendra Saraf, representing the State Government, indicated his intention to seek guidance on establishing the committee and exploring the possibility of involving stakeholders as representatives in the process.
Subsequently, the bench suggested to the Advocate General that lawyers could also be engaged to assist in formulating the guidelines. Moreover, the bench proposed that Advocate Vijay Hiremath, who was representing the same-sex couple, could be considered for inclusion in the panel.
Furthermore, the bench acknowledged the existence of certain guidelines issued by the Madras High Court, and it highlighted that the Tamil Nadu Government had introduced amendments to the police manual to enhance police sensitivity.
In reply, the Advocate General (AG) stated that there are guidelines from the Supreme Court that could be adhered to in handling such cases.
The bench has scheduled a review of the matter three weeks from now.
Case title: XYZ vs State of Maharashtra
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