National Desk, 19th October: The Supreme Court has issued an interim order staying the arrest of a transgender rights activist by Manipur police in relation to her social media posts regarding the alleged misappropriation of funds meant for transgender welfare. The court has also prohibited the Manipur police from filing any new cases based on such posts.
The petitioner, Santha Khurai, a transgender woman, filed a writ petition seeking protection from Manipur police actions and the quashing of police summons issued to her. She claimed that the police’s activities were illegal, citing Section 160 of the Code of Criminal Procedure (CrPC), which prohibits police officials from summoning women or children to places other than their houses.
On September 1, 2023, the petitioner made social media posts alleging the misappropriation of transgender welfare funds and programs in Manipur. Subsequently, a team of male police officers searched the petitioner’s parents’ house on the morning of September 3, 2023, in response to these tweets.
The petitioner invoked the Supreme Court’s decisions in NALSA v. Union of India, emphasizing the entitlement of transgender women to the same safeguards under Section 160 of the CrPC. The NALSA decision recognizes transgender rights, gender identity, and the importance of preventing discrimination against transgender individuals.
The petitioner argued that requiring her to appear at a police station could endanger her, violating her rights to bodily autonomy and safety. The petition referred to the Supreme Court ruling in Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424, which underscored the need for police personnel to adhere to the law and not disregard measures in place to protect women and children.