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Delhi HC Slams UP Police for Whisking Away 22-Year-Old Trans Person From Shelter

"This court has already held they cannot take away an adult child against their will,” said the High Court bench.

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The Delhi High Court on Thursday, 4 August, criticised the Uttar Pradesh Police for assaulting a group of transgender people and taking away a 22-year-old trans person from a shelter. The court also issued a notice to the Delhi Police, UP Police, and UP government in response to a petition filed by the Mitr Trust.

A group of transgender people at 'Garima Greh' – a government-aided shelter home in Delhi run by the Mitr Trust – were allegedly assaulted by the Delhi Police late on 21 July, according to a video released by the founder of Mitr Trust. A 22-year-old trans person was also "unlawfully" taken away from the shelter with the assistance of the Delhi Police.

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'Cannot Permit This': Delhi High Court

“There is a judgment. Nobody seems to be reading them. Even the parents cannot do it. This court has already held they cannot take away an adult child against their will. We cannot permit this,” said the court.

The court also criticised the police for not following due procedure, "Somebody is missing and you go and pick him up in the middle of the night? You say a person is missing and you locate him. (If) he says I am fine, you have to take him to the police station because somebody has reported him missing? Is he wanted in relation to commission of any cognisable offence? So, why have you whisked him away?” asked the court.

The division bench consisting of Justices Amit Sharma and Siddharth Mridul questioned the police's argument and asked why this would happen when the 22-year-old was not being held at the institution against their will.

"Why would he go in the middle of night? ‘Tonight I will go to Uttar Pradesh with the UP Police. Let’s have some fun’…is it possible? is it tenable…this argument?” asked Justice Mridul.

(With inputs from The Indian Express.)

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Topics:  Transgender   Delhi HC 

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