The Delhi High Court directed the Lok Nayak Hospital to examine an HIV-positive Transwoman and provide her with the required treatment notwithstanding the lack of her identification documents.

The Petitioner, a transgender individual who identifies herself as a female, had approached the High Court by filing a Writ Petition.

The Single-Judge Bench of Justice Sanjeev Narula held,“ By way of this order a direction is issued to Respondent no. 4/ Lok Nayak Hospital, New Delhi to examine the Petitioner and in case she would need any treatment, the same be provided to her forthwith, notwithstanding the Petitioner’s lack of identification documents.”

Advocate Sanjeev Kr. Baliyan represented the Petitioner while Standing Counsel Sameer Vashisht represented the Respondent.

The Bench emphasized, “The Petitioner, a transgender individual who identifies herself as a female, has experienced unfortunate incidents.”

The petitioner asserted that at the tender age of 4-5 years, she was abducted by a transgender, who was part of a human-trafficking group. She was locked in a closed room and sexually abused by people. She tested HIV positive and needed to undergo medical treatment for the same.

The Petitioner’s Counsel asserted that on consulting the doctors at Lok Nayak Hospital (Respondent no. 4), it was suggested that the Petitioner should be admitted to the hospital for HIV treatment. In the absence of any identity documents, the Petitioner stated that the required HIV treatment was not being given to her by the Respondent Hospital. Many NGOs refused to give shelter to the petitioner because she had no government identity card. Hence the petition was filed before the High Court.

On a perusal of the facts of the case, the Bench ordered Lok Nayak Hospital, New Delhi to examine the Petitioner and in case she would need any treatment, the same be provided to her forthwith, notwithstanding the Petitioner’s lack of identification documents.

The Bench requested Standing Counsel for GNCTD Sameer Vashisht to co-ordinate with Lok Nayak Hospital, New Delhi, for compliance with the said direction.

The Hgh Court further ordered the State to find a suitable shelter for the Petitioner taking into account her health condition as well as the current weather conditions in New Delhi.

Cause Title: ABC v. Union Of India & Ors. (Case No.: W.P.(C) 18011/2024)

Appearance:

Petitioner: Advocates Sanjeev Kr. Baliyan, Nirbhay Sharma, Jyoti Garg and Yash Yadav

Respondent: Standing Counsel Sameer Vashisht, Advocate Harshita Nathrani, SPC Sandeep Tyagi, Advocates Akshita Tyagi, Sanjay Kanojia

Click here to read/download Order


Delhi HCJustice Sanjeev NarulaTransgenderIdentification Documents

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.