Delhi High Court: Coming down heavily upon Police authorities for
illegally confining the Petitioner (Shivani Bhat), the Court ordered for police
protection to the Petitioner and facilitated her safe return to the United
States for completing her education.
The present petition was filed by
Shivani through Ms Maneka Guruswamy. Shivani is a 19 year old Transgender who
was forcefully brought from the United States to India by her parents. She was
forcefully enrolled in a college in Agra for “reformation”.
The Court while showing concern over the vulnerable treatment to transgenders,
said that even after the repeal of the Criminal Tribes Act, 1871, transgenders
remain socially excluded, living on the fringes of society in ghettoised
communities, harassed by the Police and abused by the public. The Court also relied
upon National Legal Services Authority
v. Union of India, (2014) 5 SCC 438
and quoted that “transgenders enjoy basic human rights including protection
from violence and discrimination. They have the right to dignity and
The Court further ordered to return
Shivani’s passport and Green Card. Shivani’s parents assured the Court that in
addition to her tuition fee they will provide Shivani with US $500 per mensem
for her personal expenses. The police authorities have been directed not to
harass or illegally confine anybody from within the territorial jurisdiction of
this court except in accordance with the procedure established by law, Shivani Bhat v. State of NCT of Delhi, W.P.(CRL) 2133/2015, decided on 05.10.2015.
Source: Legal news India