Kerala High Court Directs IG (Registrations) To Consider Validity Of NGO's Registration For Making Derogatory Remarks Against Transgender Community

The petitioners had filed the writ petition seeking cancellation of registration of the 6^th respondent NGO for making remarks against the transgender community with the intent to cause them harm.

The counsel for the respondents submitted that two cases had been registered against the NGO in which the investigation hasn't been concluded. He added that only after the investigation is completed can any further decision be taken regarding steps to be taken against the NGO.

The bench accepted the submissions and stated that any comment from the court could have repercussions in the ongoing trial and investigation. As such, the court confirmed the observations in the interim order and allowed petitioners to approach the court again if required in the future.

The interim order had outlined that “if the allegations in this writ petition have any veracity, then it presents a very serious issue which should gain the attention of the authorities…very citizen has a right to live, which is equal and less to no other.”

In the earlier order, the single bench had also stated that,

“These rights are constitutionally provided and protected and cannot be attenuated or suppressed by any person who may have propagandist ideas or deleterious philosophies to follow. Cyber space is no longer a myth, it is a reality. It is one where reputations of persons are easily attacked and deracinated and the perpetrators believe that they can do so being without any accountability. This has to necessarily change because, in a civilized world, the Authorities are to acknowledge the issues involved and to take necessary repertory action because, otherwise, it is possible that certain sections would certainly be subjected to great prejudice.”

Counsel for Petitioner: Advocate Legith Kottakkal and P Banerji

Counsel for Respondent: Advocates Bhavana KK, Padma Lakshmi, Aamir Sohrab and Sunil Kuriakose

Citation: 2024 LiveLaw (Ker) 44

Case Title: XXX & Ors. v. State of Kerala & Connected case

Case Number: WP(C) No. 40030 of 2023 & Connected case