Sunil Kumar Gupta v. Government of NCT of Delhi

Delhi High Court · 14 May 2018 · 2018:DHC:3184-DB
Gita Mittal; C. Hari Shankar
W.P.(C) No. 7787/2017
2018:DHC:3184-DB
constitutional petition_allowed Significant

AI Summary

The Delhi High Court disposed of a writ petition after the government amended prison guidelines to remove gender-based discrimination against women prisoners in eligibility for semi-open and open jails.

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W.P.(C)No.7787/2017 HIGH COURT OF DELHI
W.P.(C) 7787/2017
Date of Decision: 14th May, 2018 SUNIL KUMAR GUPTA ..... Petitioner
Through : Mr. Amit Khemka, Adv.
VERSUS
GOVERMENT OF NCT OF DELHI ..... Respondent
Through : Mr. Anuj Aggarwal, ASC, GNCTD with Ms. Deboshree Mukherjee, Adv.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition was filed complaining that while male prisoners had been treated as eligible for being lodged in semi-open and open jails, discrimination is being made so far as the women prisoners are concerned. It was stated that women prisoners are excluded from this beneficial treatment without any reasonable justification.

2. Mr. Anuj Aggarwal, Additional Standing Counsel for the GNCTD has handed over a copy of the Order No.F.9/7/2010/HOME(G) dated 11th May, 2018 today in court whereby the Lt. Governor of Delhi has approved the Semi-Open Prison Guidelines Amendment 2018, 2018:DHC:3184-DB W.P.(C)No.7787/2017 directing deletion of the exclusion of women prisoners from the benefit of being lodged in semi-open and open jails in the same manner as the facility was made available to the male prisoners.

3. The discrimination complained of by the petitioner stands removed/addressed and women prisoners are required to be treated at par as male prisoners.

4. In view of the above, the prayer made in this writ petition is satisfied and the same is so disposed of.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J MAY 14, 2018 aj