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2020 Supreme(Del) 222
IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N. PATEL, C.HARI SHANKAR, JJ.
Sowmya T Gupta - Petitioner
Versus
Department of Delhi Transport Corporation (Through Its Chairperson) & Anr. - Respondents
W.P.(C) 2674 of 2020
Decided On : 13-03-2020
Advocate Appeared:
For the Petitioner: Mr. Siddharth Seem and Ms. Hetvi Patel, Advs.
For the Respondent: Ms. Avnish Ahlawat, Standing Counsel with Ms. Palak Rohmetra, Adv., Mr. Tarun Johri and Mr. Ankur Gupta, Advs.
The court emphasized the need to consider relevant legal provisions and previous decisions in addressing the rights of transgender persons in public transport.
Headnote:
Transgender Rights - Reservation of Seats and Free-of-Cost Travel - The court directed the respondents to treat the writ petition as a representation and decide the same in accordance with law, rules, regulations, and government policies, considering the decisions in National Legal Services Authority vs. Union of India and Rajive Raturi vs. Union of India.
Fact of the Case:
The petitioner filed a PIL seeking reservation of seats for transgender persons and free-of-cost travel in buses and metro trains.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and decide in accordance with relevant legal provisions and previous decisions.
Issues: Reservation of seats and free-of-cost travel for transgender persons in public transport.
Ratio Decidendi: The court relied on the decisions in National Legal Services Authority vs. Union of India and Rajive Raturi vs. Union of India to support the petitioner's claims.
Final Decision: The writ petition was disposed of with the direction to the respondents to decide the petition expeditiously and in accordance with the law and relevant decisions.
ORDER :
D.N. PATEL, J.
1. This Public Interest Litigation (PIL) has been preferred with the following prayers:
“a. For a writ of mandamus or any other writ, order or direction to the Respondent No. 1 to reserve seats for transgender persons in the DTC, cluster, feeder and mini buses plied by Respondent No. 1;
(b). For a writ of mandamus or any other writ, order or direction to Respondent No. 1 to provide free-of-cost travel to transgender passengers in the DTC, cluster, feeder and mini buses plied by Respondent No. 1;
(c). For a writ of mandamus or any other writ, order or direction to the Respondent No. 2 to reserve seats for transgender persons in the Delhi Metro trains plied by Respondent No. 2;
(d). For any such other and suitable order/orders as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case and in the interest of justice.”
2. Having heard counsel of both the sides and looking to the facts and circumstances of the case, it appears that the petitioner has placed reliance upon the decisions reported in National Legal Services Authority vs. Union of India and Others 2014 (5) SCC 438 and in Rajive Raturi vs. Union of India and Others 2018 (2) SCC 413, for reservation of seats and providing free of cost travel to transgenders in Delhi Transport Corporation buses, cluster buses, feeder buses and mini buses, plied by respondent no. 1 as well as for reservation of seats for transgender in Delhi Metro Rail Corporation/respondent no. 2.
3. We, therefore, direct the respondent nos. 1 and 2 to treat this writ petition as a representation and decide the same in accordance with law, rules, regulations and Government policies as applicable to the facts of the case and also keeping in the mind the aforesaid decisions, upon which reliance has been placed by the counsel for the petitioner. Representations have already been preferred by the petitioner, which are annexed as Annexures P-1 and P-2 to the memo of this writ petition. The decision will be taken by the respondent nos. 1 and 2 as expeditiously as possible and practicable.
4. In view of these observations, this writ petition is hereby disposed of.
