Tripura High Court orders LGBTQIA and community to represent their grievances before the Government

The Tripura High Court ordered the LGBTQIA+ community (a loosely defined grouping of lesbian, gay, bisexual, transgender and other queer people united by a common culture and social movements) to represent their grievances to the government.

The Court said that upon receipt of such representation, the government will consider and take appropriate action following the judgments of the Supreme Court in the National Legal Services Authority v. Union of India reported in (2014) 5 SCC 438 in true letter and spirit. .

The Division Chamber of Chief Justice T. Amarnath Goud (Acting) and Judge SG Chattopadhyay closed a Public Interest Litigation (PIL) filed seeking the necessary instructions from the High Court for the defendant to act in accordance with the order passed by the Supreme Court see judgment in National Legal Services Authority versus Union of India reported in (2014) 5 SCC 438.

The petitioners have also prayed that the High Court will conduct a judicial investigation by the District Judge into the incident of illegal detention and harassment, mentioned below, which occurred on the fateful night of 08.01.2022 to bring the circumstances to light. in which four people were unlawfully detained and harassed and fix the responsibility to take action against those who were involved in such unlawful detention and harassment and indemnify the four people mentioned below for their unlawful detention and harassment on the fateful night of 08.01.2022 along with additional instructions for respondents to regularly organize gender awareness seminars, awareness programs, workshops and programs across government.

Departments to make the workplace more acceptable to members of the LGBTQIA+ community, and to instill subjects and chapters into the educational curriculum of Schools (Class-XI-XII) and Colleges, especially B. Ed. Colleges , which deal with the LGBTQIA+ community and their equal rights as citizens of India to which they are entitled.

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Roy Barman, lead counsel appearing on behalf of the petitioners, has argued that the orders passed by the high court, as mentioned above, frame the guidelines for LGBTQIA and third-gender cases and have not been carried out by the Government. of Tripura.

Furthermore, he has stated that on 01.08.2022, the petitioner and others were harassed by the reporter and some other police officers and therefore, seeking relief, the petitioner approached this court filing this petition.

D. Bhattacharya, Government Advocate appearing on behalf of the defendants, has placed on record the instructions received from the defendants stating that, in view of the public threat caused by the petitioner and others by collecting money on the streets by changing their disguises, the police have taken them into custody and recorded the cases and also gave them counseling and further showed that this type of counseling on these people will be carried out regularly.

Roy Barman, denied the arguments given in the defendants’ written instructions and asserted that this is just harassment by the police department against the petitioners.

“Having heard prima facie counsel for the parties, this court is not satisfied that this litigation falls under Public Interest Litigation. Since the petitioner’s attorney is in the best interest of the LGBTQIA+ community, the petitioner is given the freedom to represent before the government through their association airing their grievances and upon receiving such representation, the government will consider and will take appropriate measures following the judgments of the Honorable Supreme Court in true letter and spirit.

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Furthermore, with respect to the cases registered against the petitioners, it is open for the petitioners to take the appropriate measures,” the order says.