Treat LGBT Community With Love And Affection Equally: Karnataka HC

The High Court of Karnataka has recently stated that everyone, including the LGBT (lesbian, gay, bisexual, transgender and other sexual orientations and genders), should be treated with love and care so that lives are not lost.

Justice M Nagaprasanna said in his judgment, “The deceased in the case at hand is the one belonging to the LGBT community. The sensitivity of them being ostracised pervades their psyche. Therefore, such people must be treated with all love and affection. If every citizen would treat such citizens with all love and care, as is done to a normal human, precious lives would not be lost.”

The case involved three colleagues of the deceased, who approached the high court after being charged with abetment to suicide by the Whitefield police.

The father of the deceased alleged that the 3 consistently harassed his son due to his sexual orientation, leading to his tragic suicide.

One of the accused is from Bengaluru, while the other two are from Uttar Pradesh. All of them were colleagues in a company in Bengaluru.

The victim worked at the company from 2014 – 2016 and rejoined in 2022 as the manager of visual merchandising.
It is alleged that his colleagues were “putting him down by cracking unsavory jokes. All the team members are said to have teased the deceased on his sexual orientation.”

Later, he resigned and withdrew his resignation, but reportedly was given an uncomfortable position.

He lodged complaints with the Internal Complaints Committee under the Sexual Harassment of Women at the Workplace Act, as well as under the Scheduled Castes and Scheduled Tribes Act.

The victim committed suicide on June 3, 2023.

He also reported harassment to the Assistant Commissioner of Police. Tragically, he died by suicide on June 3, 2023.

The Court in its judgment said, “Unfortunately, the precious life of a youth is lost in the case at hand, all for the prima facie allegations of pointing at sexual orientation of the deceased. Therefore, it is for every citizen to bear this in mind while interacting with sensitive people. It is necessary that every one of us introspects on this issue. After all, every one of them is a human being and all are worthy of equality.”

The HC also noted that the investigation is still in progress.

The HC stated in its recent judgment, “It is barely three days after registration of the FIR that the present petition is filed and, today, it is barely 49 days of registration of the FIR. The investigation is still in progress. It is not a case where there is no prima facie material or the allegations are made out of thin air.”

Refusing to interfere in the criminal proceedings, the HC rejected the petition stating, “Cases which involve death of a person and the accused are guilty of abetment to suicide of the said victim will have to be considered owing to the facts of each case. There cannot be any particular parameter, yardstick, or theorem for interference, particularly in cases of abetment to suicide.”