Disposed

Jamshed Ansari v. Union of India

Delhi HC15 May 2024W.P.(C)/10907/2019

Case brief

AI extract

What is this about?

PIL sought declaration that Section 377 IPC be made applicable to transgender/third gender victims of unnatural offences. Counsel did not press the petition because the new Penal Code defining 'person' to include transgender comes into force on 01.07.2024.

What did the court decide?

Writ petition disposed of as satisfied after counsel declined to press it in view of the new Penal Code effective 01.07.2024.

Jamshed Ansari Vs Union of India — Criminal Trial and Appeal | Delhi HC (2024)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10907/2019 JAMSHED ANSARI ..... Petitioner

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Through: Mr. Gaurav Kohli, Advocate (through VC)

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versus

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UNION OF INDIA ..... Respondent

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Through: Mr. Anil Soni, CGSC with Mr. Devvrat Yadav, Mr. Rahul Rathi and Ms. Priyanka, Advocates

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 15.05.2024

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Present public interest litigation has been filed with the following

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prayers:

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“a) Issue an appropriate Writ/Direction/Order in the nature thereof thereby to declare Section 377 of IPC as unconstitutional to the extent it excludes victims of unnatural offences belonging to "transgender/ third gender", as being ultra vires Articles 14, 15 and 21 of the Constitution of India and law laid down by Hon'ble Supreme Court of India in NALSA case; or

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b) Issue an appropriate Writ/Direction/Order in the nature thereof thereby to read down Section 377 of IPC in the manner suggested to make it constitutional; or

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c) Issue an appropriate Writ/Direction/ Order in the nature thereof thereby to read down Section 8 and 10 of IPC to include Transgender/ Third Gender for the purpose of safeguarding their rights as held by the Hon'ble Supreme Court of India in NALSA case;

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d) Issue an appropriate Writ/Direction/Order any other appropriate writ order or direction to Respondents to bear the costs of this petition; and e) Issue such other Writ/Direction/Order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 07:48:40

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Learned counsel for the Petitioner states that as the new Penal Code, which defines a person to include ‘transgender/third gender’, will come into force on 01^st July, 2024, he does not wish to press the present writ petition any further.

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In view of the aforesaid, the present writ petition is disposed of as satisfied.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MAY 15, 2024/ msh

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Jamshed Ansari v. Union of India

Case brief

What is this about?

What did the court decide?

Jamshed Ansari v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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