Delhi HC directs police to provide security to transgender for filing election nomination
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The counsel representing the petitioner submitted that he is a member of the transgender community and intends to file his nomination for Lok Sabha Election, 2024 from the South Delhi parliamentary constituency and he suffered a life-threatening attack on April 12 in his office.
New Delhi: The Delhi High Court directed the city police to provide necessary security to a person from the transgender community seeking to file a nomination from one of the Lok Sabha constituencies in the national capital, saying that any discrimination on the ground of sexual orientation or gender identity impairs the equality before law and violates the Article 14 of the Constitution of India.
Any discrimination on grounds of sexual orientation, gender identity impairs equality before law: High Court “It may be observed that Article 14 of the Constitution of India ensures equal protection of laws in all spheres of State activity including participation in the election process. Any discrimination on the grounds of sexual orientation or gender identity impairs the equality before law and violates Article 14 of the Constitution of India. The duty lies on the State for purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution,” Justice Anoop Kumar Mendiratta observed.
Suffered a life threatening attack on April 12: Petitioner
The counsel representing the petitioner submitted before the High Court that the petitioner is a member of transgender community and intends to file his nomination for Lok Sabha Election, 2024 from South Delhi parliamentary constituency. The counsel further said that the petitioner is supported by the Rashtriya Bahujan Congress Party and that he suffered a life threatening attack on April 12 in his office and a complaint in this regard was lodged with the Delhi Police Commissioner and further, a request was made by him to Election Commission of India on April14 for providing security to contest the Lok Sabha Election but no response has been received.
Petitioner is at liberty to file nomination for election: ECI
The counsel representing the ECI submitted before the court that since nomination process has only been commenced from April 29, the petitioner is at liberty to apply in accordance with law and police may be able to provide necessary security in accordance with law, in case the petitioner apprehends any threat.
Security can be provided to petitioner subject to sharing of date and time of filing election : State
The counsel representing the State submitted that the complaint lodged by the petitioner on April 14 shall be further looked into in accordance with law and outcome of the same shall be communicated to him within a period of two weeks. The counsel further said that case the petitioner needs any security for the purpose of filling up the nomination form, security can be provided to him subject to sharing of date and time by him.
High Court directed police to provide security to petitioner for filling up nomination form The High Court took on record of the submissions of the State and directed police to provide the security to the petitioner for filling up the nomination form from South Delhi parliamentary constituency.
“Taking the statement of learned ASC for the State on record, petition is disposed of with directions to DCP (South) to provide necessary security to the petitioner for filling up the nomination form from South Delhi Parliamentary Constituency. SHO concerned shall also share his mobile number with the petitioner for aforesaid purpose,” the High Court ordered.
Courtesy : News Nine
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