The Delhi High Court has issued a landmark decision, ordering Lok Nayak Hospital in New Delhi to treat a trans woman with HIV without seeking identification. The matter was brought to light when the trans lady, who had experienced childhood sexual assault and kidnapping, went to court to ask for rehabilitation and safety.
Despite the petitioner’s absence of official identifying documents, Justice Sanjeev Narula ordered Lok Nayak Hospital to provide her with emergency medical care, including essential therapy, in a notice sent to the Delhi government and the Centre on December 24, 2024. The court stressed that the transwoman’s access to necessary medical care shouldn’t be impeded by her inability to provide identification. The decision was made after doctors recommended the petitioner, who had experienced abuse and human trafficking as a child, to the hospital for additional care.
The petitioner disclosed in her plea her horrific background of being sexually abused while being trafficked as a young girl. The court upheld the need for her to receive prompt treatment for her HIV condition, and the doctors at Lok Nayak Hospital suggested that she be admitted for medical attention. The court’s decision emphasized how crucial it is to guarantee that vulnerable persons, particularly those from under-represented groups like transgender people, can obtain the healthcare they want without encountering administrative roadblocks like a lack of identification documentation.
The court supported the petitioner’s rehabilitation in addition to providing medical care. It directed the Centre to determine whether skill training could help her become independent and reintegrate into society. Given the transwoman’s health condition and the severe weather in Delhi, the court acknowledged her vulnerability and ordered officials to locate her a suitable place to stay while taking her medical needs into consideration.
Because she lacked official identity, most NGOs rejected the petitioner, making it extremely difficult for her to get lodging. This decision aims to resolve those issues and guarantee the petitioner’s fundamental rights to housing and medical care.
As the court continues to keep an eye on the actions made for her care and rehabilitation, the case will be heard again on January 9, 2025. This decision is a significant step in guaranteeing that those who are marginalized—especially transwomen and those living with HIV—be treated with respect and get the assistance and care they require.
SOURCE :
ECONOMIC TIMES
