Del HC | PIL filed without “any ground work” and any “thought to it”; Court dismisses petition seeking effective measures for sex workers and LGBTQ community during COVID-19

Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Sangita Dhingra Sehgal, JJ., dismissed a petition raising concerns for the welfare of LGBTQI Community, as the same was filed without any ground work.

Public Interest Litigation was filed to seek direction to respondent to take effective measures to provide financial aid including food, shelter and medicines, etc., to sex workers, lesbians, bisexuals, gay and transgender people in Delhi for their survival during the COVID-19 Pandemic; petitioner also sought the constitution of a Committee for their rehabilitation.

Another point raised in the PIL was the exemption of rent for above-stated persons living in Delhi.

Bench on observing the points on concern raised in the PIL, asked the Counsel that for whose benefit the petition has been filed and how such people/persons are to be identified, he had no clue and appears to be thunderstruck by the question.

“…Whether any separate register is maintained of such persons, as indeed cannot be, again the petitioner has no idea.

Bench asked the Petitioner, whether such persons would come forward to identify themselves; he was unable to say anything whatsoever except for stating that such task should also be assigned to the respondent.”

Further the bench dismissed the matter by stating that respondent as well as State Governments have already brought out several schemes to alleviate hardship to citizens in wake of COVID-19.

Supreme Court and other Courts have already issued directions in the above regard and such persons are not being discriminated.

Thus petitioner sought to withdraw his petition. Court allowed for the same on the condition that,

“the petitioner, if files any other public interest litigation in his  name or on behalf of anybody else, to file a copy of this order alongwith the said PIL and mention this order prominently, in the synopsis as well as in the body of such fresh petition if any. [Anurag Chauhan v. Union of India,  2020 SCC OnLine Del 584 , decided on 11-05-2020]

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