18 Oct 2023 1:34 PM GMT
The Supreme Court on Wednesday (October 18) stayed the arrest of a transgender rights activist by the Manipur police in relation to social media posts made by her with regard to the alleged misappropriation of the transgender persons' welfare fund by the social welfare department and restrained the Manipur police from registering any fresh case based on such posts.
A bench comprising Justices Surya Kant and Dipankar Datta passed the interim order while issuing notice in the writ petition filed by Santha Khurai, a transgender woman seeking protection from Manipur police actions and quashing of the police summons issued to her.
The petitioner asserted that the police's actions are in contravention of the law, specifically Section 160 of the Code of Criminal Procedure (CrPC), which prevents police officers from summoning women or children to attend any place other than their residence.
The controversy began when the petitioner made social media posts on September 1, 2023, alleging mismanagement of transgender welfare funds and programs in the State of Manipur. In response to these posts, a team of male police officers visited the home of the petitioner's parents on the morning of September 3, 2023, seeking her whereabouts.
The petitioner contends that transgender women are entitled to the same protections under Section 160 of the CrPC, in light of the judgments of the Supreme Court in NALSA v. Union of India. The NALSA judgment recognizes transgender rights, gender identity, and the importance of protecting transgender individuals from discrimination.
Furthermore, the petitioner argues that directing her to appear before a police station places her at risk of violence, gravely violating her rights to bodily autonomy and safety.
The petition invoked the 1978 Supreme Court decision in Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424, which emphasized the importance of police officers adhering to the law and not ignoring safeguards in place to protect women and children.
Case title: Thangjam Santa Singh @ Santa Khurai v. State of Manipur
Citation: W.P.(Crl.) No. 498/2023
For petitioner: Sr Adv. Anand Grover along with PLR CHAMBERS AND CO