LAWS(GAU)-2023-9-13

SWATI BIDHAN BARUAH Vs. STATE OF ASSAM

Decided On September 14, 2023
Swati Bidhan Baruah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard the petitioner-in-person, who is an advocate. Also heard Mr. D. Nath, learned Senior Govt. Advocate.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has made two prayers, viz., (a) for directing the Deputy Commissioner of Police (West), Guwahati to conduct an enquiry and prejudice caused to the petitioner and to take disciplinary action against the second officer-in-charge for the same; and (b) to direct the Police Commissioner, being the head of Guwahati City Police to transfer the case to All Women Police Station for proper investigation of the same.

(3.) The petitioner projects herself to be a transgirl and by citing the decision of the Supreme Court of India in the case of National Legal Services Authority v. Union of India and Ors., (2014) 5 SCC 438, it has been submitted that she is entitled to be treated as a 'third gender'.