Disposed¶27

Aruna and Ors. v. State Govt. of NCT of Delhi and Ors.

Delhi HC17 Feb 2025W.P.(CRL)/541/2025

Case brief

AI extract

What is this about?

Third gender; Badhai; police protection; security; Kalyanpuri; Trilokpuri; Beat Officer; SHO; Status Report; W.P.(CRL) 541/2025; Article 226 Constitution of India; Section 528 Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS); Delhi High Court; Neena Bansal Krishna, J.; disposed with directions; exemption application CRL.M.A. 4865/2025.

What did the court decide?

Writ petition disposed of with directions: Respondent No. 1/State of Delhi to provide adequate security and protection to the Petitioners whenever they go for Badhai in Kalyanpuri; learned ASC to furnish the Petitioners the contact numbers of the Beat Officer and SHO, Kalyanpuri, with the Beat Officer to look into their complaints; Status Report to be filed within two weeks. ¶27

Aruna and Ors. Vs State Govt. of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether Respondent Nos. 2 and 3 should be directed to provide protection to the Petitioners (stated to be third gender persons who give 'Badhai' in Kalyanpuri and Trilokpuri) and take action against the accused persons so that they can earn their livelihood and move back to their residence at 33/112, Trilokpuri, East Delhi.

¶17

Court's answer

Respondent No. 1/State of Delhi shall ensure that the Petitioners are provided adequate security and protection as and when they go for Badhai in Kalyanpuri (interim measure, pending Status Report).

¶25

Ratio / Principle

Learned ASC for the State to give the Petitioners the contact number of the Beat Officer and SHO, Kalyanpuri, and the Beat Officer will look into the Petitioners' complaints as and when raised.

¶26

Key takeaways

Status Report to be filed by the State within two weeks, with copy to the opposite counsel.ratio¶24

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India read with Section 528 BNSS filed by third gender Petitioners seeking directions to Respondent Nos. 2 and 3 for protection and action against accused persons so they could earn their livelihood by giving 'Badhai' and return to their Trilokpuri residence. The High Court disposed of the petition directing the State (Respondent No. 1) to provide adequate security and protection to the Petitioners whenever they go for Badhai in Kalyanpuri, directing the ASC to give the Petitioners the contact numbers of the Beat Officer and SHO, Kalyanpuri (with the Beat Officer to look into complaints as raised), and directing the State to file a Status Report within two weeks.

¶1

$~28

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 541/2025

¶4

ARUNA AND ORS. .....Petitioners

¶5

Through: Mr. H.M.A.Rahman, Mr. Mohd. Saif and Mr. Amir Khan, Advocates.

¶6

versus

¶7

STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents

¶8

Through: Mr. Anand V. Khatri, ASC (Crl.) for the State with SI Shallu, PS Kalyanpuri.

¶9

CORAM:

¶10

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

¶11

O R D E R

¶12

% 17.02.2025

¶13

CRL.M.A. 4865/2025 (Exemption)

¶14

Exemption allowed, subject to all just exceptions.

¶15

The Application stands disposed of.

¶16

W.P.(CRL) 541/2025

¶17

Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter referred to as ‘B.N.S.S.’ ) has been filed on behalf of the Petitioners for directing the Respondent Nos. 2 and 3 to provide protection to the Petitioners and take action against the accused persons so that they can earn their livelihood and move back to their residence being 33/112, Trilokpuri, East Delhi-110091.

¶18

It is stated by learned counsel for the Petitioners that the Petitioners are the third gender and go to various houses in Kalyanpuri and Trilokpuri

¶19

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 02/07/2025 at 00:40:31

¶20

on festivals and happy occasions to give Badhai.

¶21

However, as per Mr. Anand V. Khatri, learned ASC, the Petitioners belong to another group and area, and whenever the Petitioners visit Kalyanpuri and Trilokpuri, there is an issue. It is stated that there are litigations pending.

¶22

Issue Notice.

¶23

On advance Notice, Mr. Anand V. Khatri, learned ASC for the State has appeared and seeks time to file a Status Report.

¶24

Let the Status Report be filed within two weeks with copy to the opposite counsel.

¶25

In the meantime, the Respondent No. 1/State of Delhi, shall ensure that the Petitioners are provided adequate security and protection as and when they go for Badhai in Kalyanpuri.

¶26

Learned ASC for the State will give the contact number of the Beat Officer and SHO, Kalyanpuri, to the Petitioners and the Beat Officer will look into the Petitioners‟ Complaint as and when the same is raised.

¶27

With the aforesaid directions, the Writ Petition is disposed of accordingly.

¶28

NEENA BANSAL KRISHNA, J

¶29

FEBRUARY 17, 2025/RS

¶30

This is a digitally signed order.

¶31

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 02/07/2025 at 00:40:31

Aruna and Ors. v. State Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Aruna and Ors. v. State Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mukesh Malik & Anr. Vs the State of NCT of Delhi & Anr.

Abhishek Sharma Vs State & Anr.

Arun Bhati @ Annu Vs the State of NCT of Delhi

Hargovind Billore & Anr. Vs the State, Govt. of NCT & Anr.

Ram Naresh & Anr. Vs Gnct Delhi

Irshad Ahmed Vs State (Nct of Delhi)

Vijay Sehrawat Vs State Govt. of NCT of Delhi

Mohammad Mufizuddin Vs the State (Govt. of N.C.T of Delhi) & Ors.

Jitender Kumar Garg Vs Gurmeet Singh & Ors.

Ashok Vs the State through SHO P S Sarai Rohilla (Govt of N C T Delhi)

Viraj @Vishal @Virat Vs State (Nct of Delhi)

Mahender Kumar Khandelwal Vs Union of India & Ors.

Dr. R.K. Jain Vs the State NCT

Gautam Saluja Vs Jitender Kumar Sethi & Anr.