The Supreme Court on Tuesday quashed a nine-year-old attempt to suicide case filed against a Punjab–based woman who slashed her wrist to express “infinite” love for her female partner to protect her from agony and harassment.
A bench found merit in the submissions made on behalf of Ms X who said she has now undergone a sex change surgery and is keen to live a normal life. Ms X, now 28, claimed the case was filed at the behest of her partner’s family to torture her because the couple had run away and got married.
“Keeping the facts and circumstances in mind we quash the case,” the bench ordered, giving a quite burial to the FIR registered against Ms X on July 5, 2007 in Gurdaspur’s Batala police station. Punjab government’s plea to let the petitioner face the trial was rejected. The offence leveled against Ms X is punishable with two years of rigorous imprisonment or fine or both.
“If the criminal trial starts in Batala, it would cause extreme prejudice and stigma to the petitioner, who would have to attend the trial in his male identity and would face immense scrutiny of his gender identity. This would cause great stress and anxiety to the petitioner, which would interfere with his medical treatments”, the petition stated seeking quashing of the FIR.
{{/usCountry}}“If the criminal trial starts in Batala, it would cause extreme prejudice and stigma to the petitioner, who would have to attend the trial in his male identity and would face immense scrutiny of his gender identity. This would cause great stress and anxiety to the petitioner, which would interfere with his medical treatments”, the petition stated seeking quashing of the FIR.
{{/usCountry}}Ms X had moved SC after the Punjab and Haryana refused to quash the case in August 2012. Presently living in an undisclosed location under an NGO’s care, the petitioner submitted she was in a close relationship with Ms Y and despite being adults their parents opposed it. The two got married in Vaishno Devi.