Jamshed Ansari v. Union Of India

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10907/2019 JAMSHED ANSARI ..... Petitioner Through:

Mr. Gaurav Kohli, Advocate (through VC) versus UNION OF INDIA ..... Respondent Through:

Mr.

Anil Soni, CGSC with Mr.

Devvrat Yadav, Mr. Rahul Rathi and Ms. Priyanka, Advocates

CORAM:

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

O R D E R

% 15.05.2024 1.

Present public interest litigation has been filed with the following prayers:

"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 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 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; 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."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

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 01st July, 2024, he does not wish to press the present writ petition any further.

3.

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

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 15, 2024/msh 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