Over social media post SC stays arrest of transgender activist

Imphal: The Supreme Court has stayed the arrest of a transgender rights activist by the Manipur police in connection with social media posts that alleged misuse of a transgender welfare fund by the social welfare department. about, and also prevented the Manipur police from registering any new case based on such posts.
A bench comprising Justices Surya Kant and Dipankar Datta issued the interim order while issuing notice in a writ petition filed by a transgender woman, Santha Khurai, seeking protection from the actions of the Manipur police and quashing the police summons issued to her.
The petitioner claimed that the police activities were illegal, citing Section 160 of the Penal Code, which prohibits police officers from calling women or children anywhere other than their homes.
On September 1, 2023, the petitioner made social media posts alleging misuse of transgender welfare funding and programs in the state of Manipur.
In response to these tweets, a team of male police officers searched the home of the applicant’s parents on the morning of 3 September 2023.
In view of the judgments of the Supreme Court in NALSA v. Union of India, the petitioner believes that transgender women are entitled to equal protection under Section 160 of the Cr.P.C.
NALSA’s decision recognizes the importance of transgender rights, gender identity, and preventing discrimination against transgender people.
Furthermore, the applicant claims that ordering him to appear before the police station puts him at risk of harm, which violates his rights to bodily autonomy and security.
The petition referred to the judgment of the Supreme Court in Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424, which emphasized the duty of police personnel to follow the law and not ignore the measures taken for the protection of women and children.