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Tamil Nadu Amends Rules To Punish Cops Harassing LGBTQIA+ People

'No cop shall indulge in any act of harassment of any person belonging to the LGBTAIQ+ community," the order read.

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In a major step towards ensuring the safety of the queer community, the Tamil Nadu government on Thursday, February 17, made harassment of LGBTQIA+ persons by the state police an act punishable by law.

Through a government order released in January 2022, the state government amended the Tamil Nadu Subordinate Police Officers' Conduct Rules 1964 to include a new rule – 24 C – which states that police officers must not harass LGBTQIA+ persons and those working for the community's wellbeing.

"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 that community,” the order read. However, police officers will retain the right to make an inquiry in cases related to LGBTQIA+ persons as per procedures established by the law.

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Despite these interventions by the court, reports of same-sex couples and trans persons being harassed by cops continue to surface in Tamil Nadu.

In the second week of February 2022, a person from the LGBTQIA+ community in the state was intercepted by the police, while he was fleeing his biological family, and a marriage proposal he was being forced into.

However, while on his way to another city, he was intercepted by the police, following complaints from his family, and forced to return to the latter. (TNM has withheld information that could potentially identify this person – including his age, location, and gender or sexual identity – as we have learned that doing so further would risk his safety and wellbeing).

Similarly, in February 2022, a same-sex couple from Chennai was 'gently chided' by the city police, after they sought police protection from the family of one of the women, who had landed up at her workplace and harassed her. However, queer activist groups were quick to send a lawyer to the couple.

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"The police officers in the station, including the Sub Inspector and the Inspector, were aware of the guidelines and orders issued by Justice Anand Venkatesh with regard to queer persons' protection. However, their loyalties were entirely with the family," says L Ramakrishnan aka Ramki from the NGO SAATHII who also volunteers as a peer counselor with Orinam, a queer support group.

Ramki who was present at the station with the couple said that the officers even made remarks such as, "even though legally you are within your rights to be together, what is legal need not always be socially acceptable" and "if Justice Anand Venkatesh sees this mother’s tears, he would not insist on these guidelines."

In January of this year, LGBTQIA+ activist Gopi Shankar from Madurai was reported to have been attacked in Mahabalipuram of Tamil Nadu, following which he had appealed to Prime Minister Narendra Modi for help.

He was allegedly attacked by a gang while he was on his post-dinner walk near his house. The assailants in a car passing by approached him and obstructed his path, following which they attacked him. He also said that even after four attacks, not even a single FIR was lodged in Mahabalipuram.

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In August 2021, two months after the High Court issued guidelines, police in Tamil Nadu's Salem district separated a consenting same-sex couple, both of whom were adults, and forced them to go back to their parents. The couple had been living in Chennai's Kannagi Nagar after running away from their parents. But a team of police officers visited Chennai to take them back to their families in Salem.

In July of last year, it was the Madras High Court that had to intervene to stop the police from harassing a woman in Namakkal, who was in a lesbian relationship, and the court had directed to give her police protection. The woman who was married off by her parents had left her heterosexual marriage and lived with her partner, after becoming aware of her sexual orientation. However, after knowing about their relationship, the families had registered cases and forcibly separated them, and the woman was subjected to abuse and assault. She had then left her home, took her partner, and approached the High Court for protection.

Ramki adds that while the new rule itself is commendable, impactful implementation and sensitisation of the police force will take a long time, and that the state machinery must work with queer groups, activists, and NGOs towards sensitising the police force.

(This was published in arrangement with The News Minute.)

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Topics:  Queer   Good News   Tamil Nadu Government 

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