Rainbow is turning Grey – How can LGBTQ community get Right Legal Assistance and Support

The country we live in has a history of valor and countless examples of protecting the weaker section
of society, what we don’t know is such protection and success stories have unheard painful
episodes.

While women in our country are still battling to overcome the domestic abuse and violence from
intimate partners, the LGBTQ community is more vulnerable. Thankfully the “Protection of Women
from Domestic Violence Act,2005” comes to the rescue.

As a practicing Lawyer in Bangalore, with over 15 years of experience and expertise in Family Law
and Criminal Defense, I have observed many gaps in this area and there is lot more work that needs
to be done to support the victims of abuse in the LGBTQ community. On 6 September 2018, the
Court ruled unanimously in “Navtej Singh Johar v. Union of India” that Section 377 was
unconstitutional "in so far as it criminalizes consensual sexual conduct between adults of the same
sex". We await a similar landmark judgement to amend the existing act and protect the minority
community drawing additional sections or perhaps rename it to “Protection of Women and LGBTQ
from Intimate Partner Violence”. The day is not far for such judgement to come. Meanwhile the
victims of LGBTQ community can seek relief not only through this act but also from various other
sections as in the Indian Penal Code (IPC) and the Articles of Constitution of India that violates their
rights.

Section 2(a)  of the Protection of Women from Domestic Violence Act,2005, “aggrieved person”
means any woman who is, or has been, in a domestic relationship with the respondent and who
alleges to have been subjected to any act of domestic violence by the respondent;

As a Lawyer in Bangalore, at least for the aggrieved LGBTQ community, I argue this definition of the
act can include and extend to the LGBTQ community, such precedence can be drawn from various
judgements from both the Hon’ble High courts and the Supreme court of India.

Further ray of home for the LGBTQ community who is subjected to violence, comes from this act
which defines the ambit of Relationship

Section 2(f) “domestic relationship” means a relationship between two persons who live or have, at
any point of time, lived together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are family members living
together as a joint family;

The victim who is suffered discrimination, insult, violence, harm, injury and abuse (Physical, Verbal,
Financial, Sexual etc…) from Parents, Friends, Employers, Society at large where a relationship exists
and if proven can get a relief in the form of Protection Order, Financial compensation and Residence
Orders.

The Magistrate can further order the accused to execute a bond, with or without sureties, for
preventing the commission of any act of violence. Monitory relief may include where the victim is
compensated by the accused for Loss of earnings, Medical Expenses, Loss caused due to damage or
removal property, and a maintenance order can be passed.

In some cases, if the Victim from the LGBTQ community is a minor who is subjected to violence from
the family member can be granted temporary custody to the person making application on their
behalf.
Further, the aggrieved person need not wait for the case to complete, an interim and ex- parte order
can be sought and if the Magistrate is satisfied that an application prima facie discloses that the
respondent is committing, or has committed an act of violence and the rights are infringed or that
there is a likelihood that the respondent may commit an act of violence, he may grant an ex parte
order in the favor of the victim.

A very important point, I can vouch with my 15 years of practice as a Lawyer in Bangalore, while
proofs and evidence are important, in the matters of intimate partner violence, upon the sole
testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of
section 31 has been committed by the accused.

What are the types of Violence LGBTQ community is subjected to ?

LGBTQ community suffers more violence than the NON-LGBTQ community, such violence can extend
from victimization including forced sexual activity without consent, sexual assault, blackmail,
extortion, bullying, intimidation, and assault to name a few. Few examples I can quote from my
experience interacting with clients are:

 Forcing the person to attend conversion therapy, subjecting them to medication and seeking
help from astrologers / occultists and non-certified medical practitioners or alternative
therapists.

 Forced by parents to get married with an assumption that after marriage the orientation will
change.

 In an intimate relationship, victimized by the partner capturing the nude photographs /

videos and subjected to blackmail and extortion. This was the case where the person
although married developed attraction towards same sex relationship and was blackmailed
by the partner to expose his orientation to his family, to keep it a secret he was financial
abused.

 Forced to perform activities against their interest by the intimate partner, being bullied /
harassed and troubled. Although both are of the same orientation, the dominant partner
displayed vehemence and turned abusive.

 Solicitated sexual favors in exchange of business and work. Unfortunately, the POSH Act
protects women and it should extend to this section of community too.

 Restrained from meeting the partner, telephone and access to the outer world was
completely cut off, being locked in the room by the parents.

 Subjecting the victim to continue the married relationship and not signing the divorce
papers, just to save the family prestige, after knowing the orientation.

 Victims are disowned by the parents and their rights to ancestorial property are violated.

 A recent case I am representing the victim, on threw light on the human trafficking element,
especially from Bangladesh few people are trafficked into and are victims who suffer pain
 beyond words that can explain. The victims rights are infringed and suffer sexually
transmitted diseases too.

There were few of many such examples, overall, the LGBTQ community is subject to similar
prejudices and are victimized. The challenges exponentially grew because the people from this
community suffer low self-esteem and are unable to stand up for their rights, they shy away to open
up and seek legal advice as they fear being branded by the society. They suffer mental health issues
such as depression or self-harm followed with suicidal thoughts.

How to seek Legal Advice and How can a lawyer assist the Victims of LGBTQ Community?

1. Legal Consultation / Legal Advice:

The focus of this conversation will revolve around

a. Creating Awareness and Educating the legal rights that can be exercised
b. Possible options, merits of the actions, and the various ways you can proceed with
litigation. All pros and cons are discussed before taking any legal action.

2. Litigation :

If you are already subjected to some form of litigation, either as a victim or accused,
a.