Delhi Police has clarified before the high court that criminal law provisions relating to sexual harassment can be invoked by transgender persons. The police commissioner informed a bench that now when a transgender person files a complaint under Section 354A of the IPC, police will register a case where a cognisable offence is made out. The statement last week was in response to the HC asking it earlier to answer allegations levelled by a transgender person that they had not lodged an FIR despite complaints.
The police commissioner informed a bench comprising Justices Siddharth Mridul and Sangita Dhingra Sehgal that now, when a transgender person files a complaint under Section 354A of the Indian Penal Code, the police will register a case where a cognisable offence is made out.
The police statement last week was in response to the HC asking it earlier to answer allegations levelled by a transgender person that they had not lodged an FIR despite her complaints of sexual harassment.
In a plea filed in court, the transgender challenged the constitutional validity of clauses (i), (ii) and
(iv) of sub-section (1) of Section 354A of the IPC to the extent that these clauses were being interpreted by police to exclude transgender victims of sexual harassment.
The transgender petitioner claimed she had been sexually harassed by male students on her college campus but, when she complained to the police, no FIR was lodged. Instead, she said, she was informed by officials that no criminal case could be registered.
Entertaining her plea, the court had initially sought a response from the police and the Centre as the matter concerned a challenge to the constitutional validity of a provision.
However, when the authorities failed to specify their stand despite being given a chance by the court, the HC gave the state the last chance, indicating that otherwise, it may pass orders.
No comments:
Post a Comment