Abhishek ABC-2
Abhishek ABC-2
- VERSUS-
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2..~ 1'2- "" • 1
Advocate fo r t he Petitio ner/ Respondent
VERSUS
INDEX
I. Notice of Motion 1
2. Urgent Application 2
Petitioner
Through
VERSUS
NOTICE OF MOTION
Sir,
Kindly take notice that the accompanying Petition under Article 226 of the
Constitution of India is likely to be listed before the Hon'ble High Court
of Delhi at New Delhi on any date as may be convenient to the Hon'ble
Court.
PETITIONER
THROUGH
VERSUS
URGENT APPLICATION
To,
The Registrar
Delhi High Court
New Delhi-110003
Sir,
PETITIONER
THROUGH }1/1'~~
SANJEEV KR. BALIYAN
Advocate
Delhi High Court Legal Service Committee (DHCLSC)
287, Lawyers Chamber Block-II
New Delhi Delhi High Court, New Delhi-110003
Dated: 20.12.2024 Mob:9818340105
Email : skblegal 17(@,gmail.eom
3
VERSUS
MEMO OF PARTIES
ABC
Slo NOT KNOWN
Rio WXYZ ... PETITIONER
VERSUS
1. Union of India
Through its Secretary
Ministry of Electronics & lnfonnation Technology Sanchar
Bhawan
New Delhi -110001
Email : uoidhc@gmail.com
2. Union of India
Through Its Secretary,
Ministry of Social Justice and Empowennent
Shastri Bhawan, C-Wing, Dr. Rajendra Prasad Roac;l New
Delhi,110011
Email: secywel@nic.in
3. Govt. ofNCT of Delhi
Through Department of Health & Family Welfare,
9th Level, A-Wing, IP Extension,
Delhi Secretariat, Delhi - 110002
Email : pshealth@nic.in
. .. RESPONDENTS
PETITIONER
THROUGH
The present Writ Petition under Article 226 of the Constifution of India
is bdng filed on bclmlf ofABC, a transgender individual who identities
herself as female and is approximately 18 years of age. The compelling
circumstances for filing the present Petition are that the petitioner is
homeless, orphan and has no known living relatives, to the best of the
petitioner's knowledge. When she was about the age of 4-5 years, living
in Noida, she was abducted by a transgender named Babita, who was part
of a human trafficking group. There she was locked in a closed room.
During her captivity she was sexually abused by many people. Recently
the petitioner managed to escape that place and started livirig at WXYZ
That the Counsel appointed by the Delhi High Court Legal Services
Committee (DHCLSC) for the Petitioner contacted many NGO's for the
shelter of the petitioner, but all refused due to lack of any government
Identity card.
The petitioner has faced ~ultiple layers of discrimination due to her gender
identity, medical condition, and homelessness. Having endured sexual
abuse and currently battling syphilis and HIV, the petitioner is in urgent
need of medical treatment and social support. However, these essential
services are inaccessible to her due to the absence of Identity documents,
such as the Transgender Identity Card and Aadhaar Card.
VERSUS
TO,
THE HON'BLE ACTING CHIEF JUSTICE AND HIS COMPANION
JUSTICES OF THE HIGH COURT OF DELHI,
NEW DELHI.
5. That the petitioner at the tender age of 4-5 years, was abducted from
Noida by a Transgender named Babita, who was part of human
trafficking group. She was kept in a closed room and was subjected
to sexual abuse by many people. During that time the petitioner got
affected with HIV and syphilis. A copy of the medical report of the
petitioner is annexed herewith as Annexure P/1 (Colly).
13. That there is no any other similar writ petition is pending filed by
the petitioner either before this Hon'ble Court or the Hon'ble
Supreme Court oflndia in respect of the reliefs claimed in the above
petition.
15.That the petitioner craves leave of this Hon'ble Court to raise any
other further ground at the time of argument of this Writ petition.
PRAYER:
In view of the above, the Petitioner prays that this Hon'ble Court may be
pleased to:
PETITIONER
THROUGH
}V~,
SANJEEV KR. BALIYAN
Advocate
Delhi High Court Legal Service Committee (DHCLSC)
287, Lawyers Chamber Block-II
New Delhi Delhi High Court, New Delhi-110003
Dated: 20.12.2024 Mob:9818340105
Email : skblegal17@gmail.com
12
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (CIVIL) No. /2024
IN THE MATTER OF:
ABC ... PETITIONER
VERSUS
AFFIDAVIT
I, ABC, S/O XYZ R/O WXYZ do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the above mentioned case and am aware of the facts
and circumstances of the case hence competent to swear the present affid�vit.
2. That the accompanying writ petition has been drafted by my counsel under
my instructions. The contents stated in the petition are true and correct to my
knowledge and the same are not repeated herein for the sake of brevity. That the.
contents of the above petition have been read over to me and explained in vernacular
language.
J
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2 O DEC 2024
\�\)"��Yfied at New Delhi on this 20th day of December, 2024 that the contents of my
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affidavit are true and correct to the best of my knowledge. No part of it is false nor
SIC�O IN MY PRESENCt
\11Nv()11,��Af! TtWARI. Ad\l: :,�. "eg No. 21• ,� - ,
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Annexure - 1
DELHI STATE AIDS CONTROL SOCIETY
(Govt. of NCT of Delhi)
INTEGRATED COUNSELLING & TESTING CENTRE (ICTC)
HIV LABORATORY, DEPARTMENT OF MICROBIOLOGY
Maulana Azad Medical College, New Delhi-110002
. - - - - - - - - - - - - - - - - - ~ ~ - - - - ~ ~ - - - -- - - ~ ~ - ~ - ,
HIV TEST REPORT FORM
PRETEST COUNSELLING DONE B .
GCSAICTCDLCEN015 ~ ) 2) JI r
POST TEST COUNSELLING DONE svf-
ABC
Name: Surname-------- Middle Name _ _ _ _ _ _ First Name -.-fJ..:;,.,,:;.b_~__...4fi~....._{:......_-_
P _
I
Gender:(iJ):fTG Age: 18 Years l_,71,__ Lab ID#_+-,
PIO# -+-'I<3....,..._.:;;.>i
..... -8-=Si__._C_r_
Date and time blood drawn: _ _ _2-£
........ -.l....c;....)"""'2:-lq...---(DD/MMNY) __1.,_,-4-$-,"-'~S'-iOA--(HH:MM)
Name of the Phlebotomist
.\.....--"'
Specimen type used for testing : Serum/Plasma Whole Blood
Date and time specimen tested: ?>G /GI? _, (DD/MMNY)
_.,.....,.....o.q,..._----t-:.'
1
Note:
Column 2 and 3 to be filled only when HIV 1 & 2 antibody discriminatory test(s) use
No cell has to be left blank; indicate as NA where not applicable.
Column 1 Column2 Column3
Reactive/Nonreactive Reactive/Nonreactive Reactive/Nonreactive
Name of HIV test Kit (R/NR) for HIV-1 (R/NR) for HIV-2 (R/NR) for HIV
antibodies antibodies antibodies
...-
OICGIPRBND-155MAMC-50,000-2023. ..'
- ... -\
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1 GOVT. OF N.C.T. OF DELHI/ ~~<)ll ~r-fi ml. ~ @) "fl~ti~
Jawahar Lal Nehru Marg, New Delhi-110002 Plodgo Your Eyes for Noblo Cauac
Call Toll free Number : 1919
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Short clinical history and duration of illness:
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Medical Officer_ _ _ _ _ _ __
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No of pills remaining:
Adherence:
Counselling notes:
C) NaUonal AIDS Conlrol OrganlaaUon (NACO) Deportment of Health ond Welfare, Govemn,enl of India, Febnury 2012
16
C. M. No. /2024
IN
W.P. (CIVIL) No. /2024
IN THE MATTER OF:
ABC ... PETITIONER
VERSUS
I. That the Petitioner has filed accompanying Writ Petition along with
this application. Therefore, the contents mentioned in the writ
petition may please be read along with this Application, as the same
are not repeated for the sake of brevity and to avoid prolixity.
2. That the petitioner has filed dim photocopies of
documents/annexures along . with the present writ petition and
undertakes to file the original/certified copy of the same as and when
directed by this Hon'ble Court.
L·T·I·
PETITIONER
THROUGH f1(~.
SANJEEV KR. BALIYAN
Advocate
Delhi High Court Legal Service Committee (DHCLSC)
287, Lawyers Chamber Block-II
New Delhi Delhi High Court, New Delhi- I I 0003
Dated: 20.I2.2024 Mob:98I8340I05
Email : skblegal 17@gmail.com
18
IN THE HIGH COURT OF DELHI AT NEW DELHI
AFFIDAVIT
. I, ABC, S/O XYZ R/O WXYZ do hereby solemnly affirm and declare as under: -
1. That I am the Petitioner in the above mentioned case and am aware of the facts
and circumstances of the case hence competent to swear the present affidavit.
2. That the accompanying application for exemption has been drafted by my
1 O OtC 1024
affidavit are true and correct to the best of my knowledge. No part of it is false nor
has anything material been concealed therefrom.
F.No.: 24167/2024
To,
MR. SANJEEV 287, LAWYERS CHAMBER, BLOCK-II, DELHI HIGH COURT, NEW DELHI 9818340105
KUMAR
BALIYAN
The above mentioned applicant has approached this Committee for Legel Aid services. The Scrutiny
and Evaluation Committee has decided to grant legal aid to the applicant and hereby accordingly,
assigns you the case of the applicant and authorizes you to file an appropriate petition on his/her
behalf.
After filing of the appropriate petition by you, you are hereby requested to immediately intimate to
the Office of DHCLSC the number assigned by the registry to the petition filed by you and you are
also requested to update the status of the case assigned to you, on the web portal of DHCLSC
(www.dhclsc.org). The login id and password has already been provided to you. The updatlon of case
Is required to be done on a regular basis. For any technical assistance, please contact Ms. Rajinder
Kaur, In the office of DHCLSC.
Note: You are requested to put the stamp of the Delhi High Court Legal Services Com mittee
on the petition before filing In Hon'ble High Court.
SU_PERINTENDENT:DHCLSC
ABC (applicant): You are hereby directed to approach above mentioned advocate along with all relevant papers relating
to your case. It Is made clear to you that all cash/cost /lltfgatfon expenses, If any, awarded ln your favour by the High court
will be deposited with us Immediately.
SUPERINTENDENT:DHCLSC
12/23/24, 3:48 PM Gmail - ABC VERSUS UNION OF INDIA AND ORS.
20
subhash vaid <subhashvaid8@gmail.com>
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION
15 OF THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY
SYNDROME (PREVENTION AND CONTROL) ACT, 2017 FOR THE ISSUANCE OF WRIT OF
MANDAMUS AND ANY OTHER APPROPRIATE WRIT/ ORDER OR DIRECTION TO THE
RESPONDENTS FOR THE ISSUANCE OF AADHAAR CARD, TRANSGENDER IDENTITY CARD,
PROVIDE MEDICAL TREATMENT AND SHELTER.
PLEASE FIND THE ATTACHED COMPLETE PDF FILE.
MATTER IS LISTED FOR DATED 24.12.2024
REGARDS
SANJEEV KR. BALIYAN
ADVOCATE
DHC/LSC
Abhishek ABC.pdf
1913K
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