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Delhi Police Affirms Application of Sec 354A IPC Provision to Transgenders

Team SoOLEGAL 26 Dec 2018 5:50pm

Delhi Police Affirms Application of Sec 354A IPC Provision to Transgenders

The Delhi Police has affirmed before the Delhi High Court that sexual harassment provision of Section 354A of the IPC will be applicable to transgenders as well.

The declaration was made by police before a Division Bench, consisting of Justices Siddharth Mridul and Sangita Dhingra Sehgal, in a writ petition filed by a transgender person challenging the constitutional validity of clauses (i), (ii) and (iv) of sub-section (1) of Section 354A of IPC, which excludes transgender victims of sexual harassment.

The petitioner had approached the High Court following Delhi Police refusal to proceed with a criminal complaint made under Section 354A IPC, as they doubted if the Section was applicable to transgenders.

The Delhi Police, however, asserted that:

If a cognizable offence, under the provision of Section 354-A IPC, in particular, sub clause (i), (ii) and (iv), is made out on the complaint of a transgender, the same shall be registered, in accordance with law, in terms of the decision of the Hon’ble Supreme Court in the case of “National Legal Services Authority vs UOI” 2014 5 SC 438.”

The Police also informed the bench that an FIR pursuant to the petitioner’s complaint has already been registered at the Rajouri Garden Police Station, and the investigation in the case is underway.

The writ petition was disposed of by the court after the petitioner decided not to pursue the proceedings any further considering the assertions made by Delhi Police.

Tagged: Section 354A of the Indian Penal Code   Sexual Harassment Cases   Sexual Harassment   Transgender Persons   Delhi High Court   Delhi Police  
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