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 self-determination.”
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, 2015 SCC OnLine Del 12514 , decided on 05.10.2015.