Tamil Nadu amends police rules to prevent harassment of LGBTQIA+

Tamil Nadu Government has amended the Police Conduct Rules to ensure that members of the LGBTQIA+ and those who work for the welfare of the community are not subjected to harassment by the men in khaki.

The amendment to the Tamil Nadu Subordinate Police Officers’ Conduct Rules was made in a Government Order (GO) signed by S K Prabhakar, Additional Chief Secretary to Government (Home) issued on February 16, 2021.

Prabhakar said in the exercise of the powers conferred by section 8 of the Tamil Nadu District Police Act, 1859 (central Act XXIV of 1859) and section 9 of the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888), the Governor of Tamil Nadu makes the amendment to the Tamil Nadu Subordinate Police Officers’ conduct Rules, 1964

“In the said rules, after rule 24-B, the following rule shall be inserted, namely:- 24-C. No police officer shall indulge in any act of harassment of any person belonging to the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual) + community and the persons working for the welfare of the said community,” the order said.

However, the GO also said harassment does not include the right of police to make an inquiry as per the procedure established by law.

The amendment comes seven months after the Madras High Court came out with comprehensive eight-point guidelines on dealing with same-sex couples and sensitising the society while hearing a petition filed by a lesbian couple seeking protection from their families against their relationship.

Lawyer Manuraj Shanmugasundaram, who represented the couple in the case, said Justice N Anand Venkatesh had issued directions to police to refrain from harassing activists and LGBTQIA+ persons taking note of some reported incidents, in the ongoing case S Sushma vs Commissioner.

“The State Public Prosecutor, Hasan Mohamed Jinnah, informed the court on October 4, 2021, that the DGP has taken steps in this regard. Following this, the Government has amended the Police Conduct Rules and this is probably the first time any State Government has done so,” he told DH.

The lawyer said the amendment will, hopefully, bring an end to the “harassment and discrimination faced by the LGBTQIA+ community and will set an example for other states to follow suit.”

The court had in June also suggested prohibition of any attempts to medically “cure” or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender and advocated a change in curricula of schools and universities to educate students on understanding the LGBTQIA+ Community.

Outlining the guidelines, Justice Venkatesh said the police, on receipt of any complaint regarding missing cases, which upon investigation is found to involve consenting adults belonging to the LGBTQIA+ community should close the complaint without subjecting them to any harassment after recording their statements.

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