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The Madras High Court on Tuesday issued additional directions on the issue of lack of awareness and apathy toward the transgender community. The court directed the Tamil Nadu Police department to refrain from harassing not just the people who belong to the LGBTQIA+ community but also activists and people belonging to NGOs.

The Bench of Justice N . Anand Venkatesh directed for a specific rule to be added in the State's Police Conduct Rules that if police personals do any harassment of the transgenders or activists or the NGOs working for transgenders, the same will be treated as misconduct and will be punishable. 

Court also added that sensitization programs for the State Police, as directed earlier, must be conducted only through transgenders or the activists and NGO workers who are involved in this cause.

The Court also took note of the Media’s insensitiveness towards the LGBTQIA+ community. The court said the reportage of the most intimate and personal aspects of an individual’s identity by the contemporary vernacular media is deeply problematic.

Court stated,

“it is high time journalists stick to sensitive and inclusive terms on the gender spectrum”.

These directions are additional to the Court's earlier order of June 7, 2021, where the court took note of the harassment of the people of the LGBTQA+ community by police and accordingly issued directions to generate awareness and apathy among the whole society.

The Backdrop of The Matter

On June 7, 2021 hearing a petition filed by a lesbian couple whose relationship was being opposed by their parents and they were being harassed by Police after the parents filed a missing report, the Madras High Court took cognizance of the issue and held that the issue of non-acceptance of the LGBTQA+ community required de-stigmatisation and acceptance in the eyes of the society.

Therefore, consciously refraining from adopting the usual course of disposing cases of this nature, the court issued an array of directions and framed guidelines for proper recognition of the rights of the LGBTQIA+ community and to ensure their safety and security to lead a life chosen by them.

The court directed the respective departments/authorities and institutions to implement the guidelines and file a compliance report on the next date of hearing.

In pursuance of the same, on Tuesday, State Public Prosecutor submitted a compliance report filed by the Director-General of Police, Tamil Nadu.

However, the NGO workers who help and aid the transgender community members brought to Court’s notice that even after the earlier directions the police officers at various police stations have had refused to provide protection to transgenders and even in certain cases have harassed not only the community members but also NGOs and field workers who were helping them.

The court being appalled by these instances even subsequent to the earlier order, in order to ensure further clarity on this issue, penned down the further directions.

The notice of the court was also drawn to one of the prescriptions that was given by a psychiatrist to a Gay man. Court noted that the doctor had referred the gay man to a psychotherapist for Cognitive Behavioral Therapy for M2M behavior.

Court said,

“This sample case clearly exhibits the ignorance on the part of the Doctor who is not even aware that there is no “cure” for gender identity.”

“This lack of knowledge on the part of the concerned psychiatrist is directly attributable to the course that was undergone by him and which is yet to be revamped and brought up to date,” court added.

Therefore, the court ordered the Additional Solicitor General to bring this to the notice of the National Medical Commission and Indian Psychiatric Society and direct them also to file a report as to how they are going to handle this issue in future by carrying out necessary changes in the curriculum.

The matter is posted to be next heard on October 4, 2021.

(Case Title: S. Shushma & another v. Commissioner of Police, Chennai Police & Ors.)