The Allahabad High Court granted relief to a transwoman of Saharanpur, who had approached the Court alleging that other transgender community members were harassing her.
The Division Bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh passed this order while hearing a petition filed by Huma @ Vasif.
The Court noted the petitioner describes herself as a transgender person. Her grievance is that respondent nos 5 to 10 who are also members of transgender community have been harassing the petitioner. They have assaulted the petitioner in the past and have also been issuing regular threats to the petitioner to abide by their dictates.
In that regard the respondents are described to have claimed a particular area of city Saharanpur as their ‘territory’ wherein the petitioner is being restrained to visit any household on any occasion of child birth or marriage.
Thus the alms that the petitioner gets and which alone provide the means of sustenance are being deprived to the petitioner. Thus allegations have been made of denial of opportunity to avail material means to survive and of threat to life and property.
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.
Prima facie, no criminal case appears to exist against the petitioner. Thus, a clear case is made out by the petitioner to be assured of protection of their life, liberty and property, with dignity, the Court observed.
Insofar as the fact allegations are concerned, the Court was not in a position to reach any firm conclusion at this stage.
Accordingly, the Court disposed of the petition with a direction subject to the petitioner filing a proper application before respondent no 2 supported by their personal affidavit annexing thereto copies of all documents (including electronic evidence) etc, within a period of two weeks that application may be considered on its own merits, in accordance with law after calling for necessary report.
“If necessary, the District Magistrate Saharanpur may entrust the responsibility to appropriate officers to ensure that respondent nos 5 and 10 may not cause any illegal restraint to the enjoyment of fundamental rights of life and liberty, with dignity, by the petitioner. In any case, necessary arrangements may remain in place so that the life, liberty and property of the petitioner are not subjected to any undue harm by the respondents,” the order reads.