Habeas corpus petition concerning a transgender person's alleged confinement by her parents. Through counselling and mediation, Ms. X and her parents arrived at a settlement covering residence, monthly financial support, and family contact; the Court directed compliance and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1763/2024
JENNIFER THOMAS .....Petitioner
Through: Mr. Mihir Samson, Ms. Amritananda Chakravorty, Ms. Sitamsini Cherukumalli and Mr. Pradip Kumar Singh. Advocates (M: 9811233878) versus
THE GOVERNMENT OF NCT OF DELHI & ORS.
.....Respondents Through: Mr. Sanjay Lao, Standing Counsel(Crl), Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya, Advs. for R-1, Inspr. Rajender Singh P.S. Keshav Puram. Mr Pranav Gupta, Adv. for R-3 (M: 8851953920 ), Mr. Tushar Sannu, Mr. Utkarsh Mishra, Advs. for IHBAS (M: 8808432727) Mr. Mr. Saurabh Kirpal Senior Advocate(Counsellor)
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
% 23.10.2024
W.P.(CRL) 1763/2024
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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 28/10/2024 at 12:20:37
issued on this petition on 29th May, 2024. The father of Ms. X was impleaded as Respondent No. 3. It was also noted vide order dated 29th May, 2024 that medical examination of Ms. X was conducted and as per the report there were no physical injuries when Ms. X was found.
W.P.(CRL) 1763/2024
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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 28/10/2024 at 12:20:37
Counsellor.
“6. The Court has had detailed in-Chamber interactions with Ms. X and her parents, separately. After interactions, the following is broadly agreed -
a. Ms. X is currently willing to accept some financial help from the parents but is not willing to meet the parents.
b. The parents are willing to pay a sum of Rs.12,000/- to Rs.15,000/- per month to Ms. X to enable her to live comfortably and for daily expenses, fees for courses etc., The said amount shall accordingly be remitted to Ms. X by 15th of every month through UPI.
c. Ms. X shall continue to meet the sister in the Mediation Centre once a week i.e., on every Friday from 06:00 P.M. to 08:00 P.M. The Mediation Centre shall ensure that when Ms. X meets the younger sister, no one else is present in the room. In addition, Ms. X may also do video calls with the younger sister which shall be enabled through the mother as directed in the previous order.
d. The parents and Ms. X are willing to have counselling sessions with a Counsellor. Mr. Saurabh Kirpal, Senior Advocate is appointed as a Counsellor. The Counsellor can have counselling sessions separately with Ms. X and with the parents in order to sensitize the parents and Ms. X of their respective needs. Once the Counsellor feels that Ms. X and the parents can interact with each other, the Counsellor, with the consent of Ms. X and the parents, may initially try to make Ms. X meet the mother and have interactions.
e. The Counsellor shall endeavour to have the
W.P.(CRL) 1763/2024
Page 3 of 6
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 28/10/2024 at 12:20:37
counselling sessions on Fridays when Ms. X would be visiting the mediation centre to meet the younger sister.”
“5. Today, Ms. X and the parents are present in Court. The Court has interacted with them in-chamber. Mr. Saurabh Kirpal has also joined the proceedings. 6. The parties present today have broadly agreed for an arrangement, vide which, Ms. X would move into the apartment of the mother at B-4, 2nd Floor, 123-C Keshav Puram, New Delhi, where she would be given a separate unit consisting of one bedroom, kitchen and bathroom. However, the common area of the said apartment is being used by the parents for storage of some goods.
7. Ms. X and the parents have no objection if the common area is used by either of them. However, insofar as use of the unit by Ms. X is concerned, the parents shall not enter the said unit without informing Ms. X in advance.
8. The parties have also agreed that the younger sister may also regularly meet Ms. X in terms of the agreement between the parties. Further, the parents are also willing to pay Ms. X some monthly amount for day to day maintenance and living expenses.
9. A draft of the terms of arrangement between Ms. X and the parents may be drawn before the Counsellor, Mr. Saurabh Kirpal, Sr. Counsel. For the said purpose,
W.P.(CRL) 1763/2024
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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 28/10/2024 at 12:20:37
the parties along with their Counsels may visit the Counsellor’s office at 64, Jor Bagh, New Delhi on 21st September, 2024 at 4:00 pm. The parties or counsel may contact Ms. Adya Rajkotia (M:9999191024), a colleague of Mr. Saurabh Kirpal, Sr. Counsel for arranging any logistics in respect of the meeting.
10. Let the terms of settlement be drawn up and placed for perusal of the Court.
11. It is directed that the settlement terms shall remain confidential and shall not be put in the public domain by any of the parties.
12. In the meantime, AIIMS shall continue to monitor the progress of Ms. X, both by therapy and by counselling.”
W.P.(CRL) 1763/2024
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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 28/10/2024 at 12:20:37
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
OCTOBER 23, 2024/ kr/bh/NS
W.P.(CRL) 1763/2024
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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 28/10/2024 at 12:20:37
1 issue framed by the court
Whether a writ of habeas corpus should issue to produce Ms. X, a transgender person allegedly confined by her parents.
2 provisions across 2 enactments
Jennifer Thomas
The Government of NCT of Delhi
Prathiba M. Singh
Amit Sharma
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
