In a recent decree under CRPC Section 144, Pune Police Commissioner Amitesh Kumar has mandated restrictions specifically targeting transgenders.
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The order, issued on Wednesday, bars them from freely moving about the city and attending events or rituals without invitation. Additionally, it prohibits their gathering at traffic intersections to ask for money from pedestrians.
This isn’t the first time Amitesh Kumar has implemented such measures; similar directives were enforced during his tenure as Commissioner of Police in Nagpur City last year.
Section 144 of the Code of Criminal Procedure grants district magistrates and other magisterial officials the authority to impose prohibitive measures to prevent potential disruptions to public order and safety.
Effective for a month from Friday onwards, the order also assures that any objections raised against it will be duly considered. According to officials, the decree comes in response to complaints alleging instances of harassment and extortion by transgenders in Pune in public spaces and residences.
The full order affecting transgenders in Pune
In a report, The Indian Express quoted the order as, “Whereas, it has come to notice that some groups of people in general and transgenders in particular are singly or jointly gathering and visiting houses of people during occasions such as wedding, engagements or certain other religious activities, birth, death in the family.”
The order adds, “And whereas, it has come to notice that these people without being invited or called are visiting the residences of the people in various localities of the city. And whereas, it has come to notice that such groups of people are entering such residences and forcefully demanding money and indulging in conduct which is obscene and intimidating in nature. And whereas, due to their intimidating behaviour, the people who are engaged in festive occasions or certain religious activities or certain issues of birth or death in the family are forced to part with money much more than what they desire to give voluntarily.”
It further says, “And whereas, it has come to notice that such people in general and transgenders in particular have been moving around in various localities including traffic junctions and harassing motorists and other passers by and forcing them to part with money. And whereas, it has come to notice that this act although being offences under various sections of IPC including offences of unlawful assembly, extortion, creating public nuisance etc; people by and large are not able to come forward to lodge a complaint against such elements because of fear from such elements, And therefore, with a view to prevent such cases of nuisance or apprehended danger for public at large, it is ordered as follows.”
The order also states, “The transgenders in particular and other such group of people in general singly or jointly are hereby prohibited from moving around the city and visiting places of residences or establishment etc where there are occasions of festivity, marriage, funeral, birth, death in their family etc. without being invited by such members or owners. They are also prohibited from gathering at traffic junctions, chowks and asking money etc from motorists or passersby.”
“Violation of this order would invite criminal culpability Indian Penal Code section 188 along with 143, 144, 147, 159, 268, 384, 385, 503, 504, 506 and/or sections of Maharashtra Police Act as is relevant on a case by case basis. This Order shall remain in force with effect from April 12 till May 11 unless withdrawn earlier, by the issuing authority. Objections if any, in respect of this order may be submitted to the undersigned. The objections shall be duly considered and necessary notifications if required shall be made,” it says.
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