Show Sensitivity: Bombay HC Orders Police Protection For Lesbian Couple

With growing awareness and the constitution recognising the rights of the LGBTQA+ community, society is still lacking in treating queer relationships with dignity. The impact is seen when queer couples approach law and order for protection.

Queer couples are still struggling to be with their partners and are in constant conflict with their families for the acceptance of their relationship. But nothing is done to safeguard their lives. This also serves as one of the arguments why marriage equality is a must. Why it is important to legalise same-sex relationships in India. When the lesbian couple fearing their lives has to run from place to place, it shows how flawed our system is and how accepting our society is. 

HC Orders Protection For Lesbian Couple

A lesbian couple in Maharashtra, a duo who met online, fell in love and wished to live together, had to move around for their safety, but the authorities every time allegedly found their whereabouts. One of the women, who resided outside Maharashtra, ran from home and came to her partner's house in Maharashtra, where the family accepted the couple. However, it did not end up as a modern-day fairy tale; soon, the family of one of the women, who resided outside Maharashtra, found out her whereabouts and forced her to come home.

The Police reportedly compelled the 28-year-old woman to go home. Would authorities have done the same to the consenting hetero couples? Did the Police ever think this could have also cost a woman's life? There are cases where parents have threatened to kill their children just for being gay. Also, the couple were adults and sound enough to make decisions. When we are talking of leaping and recognising queer rights, why are systems still lacking sensitisation?

The lesbian couple filed a petition in Bombay HC, fearing for their lives as one of the two women was compelled by Police to return home. According to the plea, it is alleged that the first petitioner was called to the police station and stayed back to record the statement for over 9 hours. After which, both petitioners left for Karnataka. In Karnataka, too, the first petitioner was called to the police station and was reportedly threatened to arrest her partner if she did not return to her family. If police authorities also start threatening people, who are they supposed to ask for help? Family is threatening; the system is not helping, so what does such a couple have to help themselves?

There is hardly any study available on the prevalence of suicides among the LGBTQA+ community. However, one analytical study shows social stigma was the most common factor associated with LGBTQI+ suicide. Not accepting lesbian relationships is also associated with a deep-rooted stigma. The report evaluated online news reports from January 2011 and January 2021 discussing the suicide of queer persons. Among 135 suicide reports analysed, multiple psychosocial stressors were reported in 54.5% of the suicide cases. Vulnerability strikes at the top and pushes to the edge. There have been cases where a queer individual took their life just because society did not accept their relationships. 

Police Protection For Lesbian Couples

The Bombay High Court, hearing the petition asked the Maharashtra police to protect a lesbian couple from one of the petitioner's family. A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse heard the plea. Justice Revati Mohite Dere observed that Police to show sensitivity towards queer community and treat consenting adults with dignity. The police officer assured that two female officers would be provided to petitioners, whom they can reach in case of an emergency, and a constable in plainclothes to a same-sex couple. It also ordered travel protection for the second petitioner to collect her identification documents from her residence. 

In this case, the petitioner moved to court and got protection. Do all queer couples have that privilege? The petitioner's lawyer also submitted a proposed draft of guidelines on how the Police should deal with couples in conflict with their family because of their relationship.

However, the court will consider the draft during the next hearing. Will these help queer couples to live their lives with dignity? Will it safeguard lives and stop them from being fearful? For the petitioners, it is a significant relief that the Police will be helping them to protect their relationships. But can parents understand what they are making their children do- file a case against their parents? It is the most disheartening thing for any child to do so. 

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