Same-Sex Marriage: What SC directed to Centre, States & Police regarding queer community

The Supreme Court of India has issued directives to both the Union government and state governments regarding same-sex marriage. The court's verdict aims to prevent discrimination against the queer community based on their sexual orientation. Here are the key directives:

1. Non-Discrimination: The government must ensure that there is no discrimination against the queer community in terms of access to goods and services.

2. Public Awareness: Efforts should be made to sensitize the public about the rights of the queer community.


3. Helpline for Queer Community: A dedicated helpline should be established to provide support and assistance to the queer community.

4. Safe Houses: Safe houses should be created to offer protection to queer couples who may face threats or harassment.

5. Inter-Sex Children: Inter-sex children should not be subjected to forced operations.

6. Formation of Committee: The SC recorded the statement of the Solicitor General that the Union government will constitute a committee to decide the rights and entitlements of persons in queer unions. The issues before the committee will be mentioning queer couples as family in ration cards, allowing queer couples to nominate for joint bank account, allowing them all the rights that from from pension, gratuity, etc..


The Supreme Court has also issued specific directions to the police:
1. No Harassment: Police should not harass queer couples by summoning them to police stations or visiting their residences solely to inquire about their gender identity or sexual orientation.

2. Freedom of Choice: Queer individuals should not be forced to return to their families if they do not wish to do so.

3. Protection of Freedom: When queer individuals file complaints alleging that their family is inhibiting their freedom of movement, the police should verify the genuineness of the complaint and ensure their freedom is not curtailed.

4. Protection against Violence: If a complaint is filed apprehending violence from the family due to the complainant's queer identity or relationship, the police should verify the genuineness of the complaint and provide appropriate protection.

5. Preliminary Enquiry: Before registering an FIR against a queer couple or an individual in a queer relationship, the police should conduct a preliminary enquiry to determine if the complaint discloses a cognizable offense, following the guidelines set in the Lalita Kumari vs Government of UP case.

These directives aim to safeguard the rights and well-being of the queer community, ensuring equality and protection under the law.