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The high court was hearing a plea filed by a lesbian couple seeking protection from opposition by one of their families regarding their relationship. The bench called for a competent police officer to appear at the next hearing and inform whether any suitable amendment can be incorporated into the police manual
The division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse, on Friday, raised the question of whether the Maharashtra Police Manual could be amended to better protect the rights of transgender and homosexual individuals. The division bench also called upon the Inspector General (Prisons) of Maharashtra to provide suggestions for the treatment of transgender and homosexual persons in prison.
The high court was hearing a plea filed by a lesbian couple seeking protection from opposition by one of their families regarding their relationship. One of the girls, hailing from a state in North India, had her family file a missing person complaint.
During the previous hearing, the bench referred to the guidelines submitted by Advocate Vijay Hiremath, which were based on the Madras High Court's directives, regarding the protection of same-sex couples and stated,
“There are guidelines issued by the Madras High Court and the police conduct rules were amended. There are 17 follow-up orders which were incorporated after the order issuing guideline,” the bench said.
The high court then asked the Hiremath to refer to the guidelines and come up with draft guidelines that could be incorporated into Maharashtra police.
“You see what are rules by Madras High Court and see rules for Maharashtra police. Then you see what needs to be done and then make submissions. The implementation can happen only if you incorporate the guidelines across the state. But we want to look at the broader picture,” the bench asked.
Yesterday, Advocate Vijay Hiremath informed the high court that the office of the Inspector General (Prisons) holds the authority to provide suggestions for amending the Bombay Police Manual. In response, the division bench directed the Inspector General (Prisons) to be included as a party respondent in the petition.
Furthermore, the bench called for a competent police officer to appear at the next hearing and inform whether any suitable amendment can be incorporated into the police manual to prevent discrimination against individuals from specific communities.
The plea will now be heard on August 11.
Case title: XYZ vs State of Maharashtra
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