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2024 Supreme(Online)(DEL) 25257

HIGH COURT OF DELHI
HON'BLE THE ACTING CHIEF JUSTICE, ACJ, HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA, J
JAMSHED ANSARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
GAURAV KOHLI

ORDER

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.”

 

2. Learned counsel for the Petitioner states that a

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