In a significant judgment, the Allahabad High Court has directed the authorities to ensure the protection of a transgender individual, Huma @ Vasif, who has been subjected to harassment and threats by fellow members of the transgender community. The case, WRIT – C No. – 24213 of 2024, was heard by Justice Saumitra Dayal Singh and Justice Donadi Ramesh.
Background of the Case
Huma @ Vasif, the petitioner, described herself as a transgender person facing continuous harassment from respondents, who are also members of the transgender community. The respondents, identified as numbers 5 to 10 in the case, have allegedly assaulted Huma and issued threats, restricting her from visiting households in Saharanpur during events like childbirth or marriage. This restriction has deprived Huma of alms, her primary means of sustenance, raising serious concerns about her right to life and liberty.
Legal Issues Involved
The case brought forward several crucial legal issues:
– Right to Life and Liberty: The petitioner argued that the harassment and threats violated her fundamental rights to life and liberty, guaranteed under the Constitution of India.
– Protection of Dignity: The petition emphasized the need for protection of dignity, as the threats and restrictions imposed by the respondents undermined Huma’s ability to live with dignity.
– Role of the National Council: The court acknowledged the existence of the National Council under Act No. 40 of 2019, which is responsible for addressing grievances within the transgender community.
Court’s Decision
The court, while disposing of the writ petition, made several important observations and directives:
1. Protection of Fundamental Rights: The court emphasized that the petitioner, as a citizen, is entitled to protection of life and liberty with dignity, similar to any other citizen. The court stated, “The petitioner as a citizen is entitled to protection of life and liberty with dignity, as any other citizen.”
2. Prima Facie Case: The court noted that no criminal case appeared to exist against the petitioner, thereby establishing a clear case for ensuring her protection.
3. Application for Protection: The court directed the petitioner to file a proper application before respondent no. 2, supported by a personal affidavit and relevant documents, within two weeks. This application would be considered on its own merits, in accordance with the law.
4. Role of District Magistrate: The court instructed the District Magistrate of Saharanpur to ensure that the respondents do not cause any illegal restraint to the petitioner’s enjoyment of her fundamental rights. The court stated, “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.”
Also Read
Important Observations
The court made several critical observations, highlighting the importance of protecting the rights of transgender individuals:
– “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.”
