Allahabad High Court Grants Relief To Transwoman Alleging Harassment By Other Transgender Community Members
Recently, the Allahabad High Court granted relief to a trans woman who had approached the Court alleging that other transgender community members were harassing her in the city of Saharanpur. Hearing her writ petition, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh directed the District Magistrate of Saharanpur to ensure that the petitioner is not illegally...
Recently, the Allahabad High Court granted relief to a trans woman who had approached the Court alleging that other transgender community members were harassing her in the city of Saharanpur.
Hearing her writ petition, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh directed the District Magistrate of Saharanpur to ensure that the petitioner is not illegally restrained from enjoying her fundamental rights to life and liberty with dignity.
Essentially, the petitioner, a trans-woman, had moved the Court alleging that some other members of the transgender community (respondents 5 to 10) had claimed a specific area of Saharanpur as their 'territory,' preventing her (petitioner) from visiting any households on occasions such as childbirth or marriage.
Her grievance was that respondents 5 to 10, have been harassing her. They have assaulted her in the past and regularly issued threats, demanding she comply with their dictates. Consequently, she contended that she was deprived of the alms she relied on for sustenance.
Hearing her case, the Division bench noted at the outset that the petitioner has a remedy under the Transgender Persons (Protection Of Rights) Act, 2019, to approach the National Council under Section 17.
“While the National Council exists under Act No.40 of 2019 and it may remain open to the petitioner to ventilate their grievance before the said body with respect to specified matters, at the same time the petitioner as a citizen is entitled to protection of life and liberty with dignity, as any other citizen,” the Court said.
Further, the Court, while giving no opinion about the facts of the case, disposed of the writ petition with an instruction for the petitioner to file an application before respondent no. 2 (DM, Saharanpur), supported by an affidavit and relevant documents, within two weeks.
The Court further directed the DM, Saharanpur, to consider the petitioner's application on its merits and, if necessary, to assign an officer to ensure that respondents 5 to 10 do not illegally restrain the petitioner's rights.
In any case, necessary arrangements may remain in place so that the petitioner's life, liberty, and property are not subjected to any undue harm by the respondents, the Court directed as it disposed of the plea.
Case title - Huma @ Vasif vs State Of U.P. And 9 Others 2024 LiveLaw (AB) 482
Case citation: 2024 LiveLaw (AB) 482