Delhi HC dismisses plea seeking protection, welfare of sex workers, LGBT community
May 11, 2020
New Delhi [India], May 11 : Delhi High Court on Monday dismissed a PIL seeking direction to Centre and Delhi government to take effective steps for the protection, social security and welfare measures including food, accommodation and medicine, etc for sex workers and LGBT community and to constitute a committee for rehabilitation of sex workers.
A division bench of Justice Rajiv Sahay Endlaw and Justice Sangeeta Dhingra Sehgal observed that the public interest litigation (PIL) was filed without any study and also did not even have the number of affected people.
The petition, filed by lawyer Anurag Chauhan, mentioned that these people do not have access to financial aid during the coronavirus-induced lockdown.
The plea alleged that that the Government of NCT of Delhi and Union of India are deviating from their aims and objects of providing basic financial aid to fulfil the needs such as food, shelter and medicine to the sex workers and LGBT community people during the COVID crisis and added that sex workers and LGBT people continue to face real discrimination in the society.
It had sought a direction to respondents to take steps for exempting LGBT community people and sex workers from rent for those living as a tenant in Delhi and to create a separate helpline for counselling and addressing their grievances and problem.
It's a pity that members of the LGBT community are still having to combat an array of the nuisance that no member of a civilized society should have to deal with in this day and age, the plea said.
It said that India has a very dynamic and progressive constitution, which in a way is the backbone of this very vast and complex nation.
"The Indian Constitution provides rights and protections to each and every citizen of this country whether he is in majority or in minority. The Constitution treats everyone equally without any discrimination. It is the duty of the State to ensure that no one should be discriminated against," it said.
"LGBT community persons are in minority and they too have equal constitutional rights. But their right to equality and right to get equal treatment in the society are violated on a regular basis. Hence, it is important that effective measures should be taken by the state government for sex workers and LGBT community people in Delhi during the lockdown on account of COVID-19 pandemic, the plea added.
