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Court orders compensation for kin of transgender

Special Correspondent

Was sexually harassed by the police weeks together


Government directed to pay Rs. 5 lakh to the kin of transgender

Pandian set himself ablaze on June 12, 2006

Several infirmities found in the police version


CHENNAI: The Madras High Court has directed the Tamil Nadu Government to pay a compensation of Rs. 5 lakh to the kin of a transgender, who committed suicide in June 2006 after being subjected to repeated sexual harassment by police personnel of the Vyasarpadi station.

The First Bench was passing orders on the writ appeal filed by E. Jayalakshmi, who said her brother E. Pandian was harassed by the personnel for weeks together, as he had the “traits of a woman, and later became a transgender person.” Condemning the conduct of the personnel, Chief Justice A.P. Shah and Justice P. Jyothimani directed the Home Secretary and the Commissioner of Police to initiate disciplinary action against Chinnapandian, Thirunavukkarasu, Kumar, Ravi and Sampath, who, the Bench said, were responsible for the harassment of Pandian, forcing him to set himself ablaze on June 12, 2006. He died on June 29, 2006. The Bench said it was open to the Government to take steps to recover the compensation amount from the salaries of the personnel.

In her petition, Ms. Jayalakshmi contended that her brother was arrested by the Vyasarpadi police in connection with a theft on May 1, 2006. While granting him bail on May 19, the magistrate court directed him to appear in the Vyasarpadi station and sign daily. Pandian was sexually harassed by the personnel for weeks together. Though the original writ petition was dismissed by a single judge, the First Bench entertained the appeal and appointed the Registrar (Vigilance) of the court to probe the matter and file a report. The report, submitted on February 16, 2007, found several infirmities in the police version and found the personnel guilty. The First Bench said it was prima facie satisfied that the excesses committed by the police had driven Pandian to suicide. “The conduct of the respondents is unbecoming of police officials and they deserve to be condemned, and are liable to suitable action in the interest of maintaining decency, discipline and civilisation among the disciplined force like the Police Department.”

The Bench relied on the circumstantial evidence, the report of the inquiry officer and the contradiction in police records to arrive at the conclusion. It also rapped the police for having attempted to create evidence to show that the incident did not take place in front of the police station.

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