NEW DELHI: The Delhi high court has appointed senior advocate V Giri as Amicus Curiae for examining the implementation of Article 15(2).
Advocate V Giri, as Amicus Curiae, will also examine the wider issue of prevailing discriminatory practices in society.
The Delhi high court passed the order while hearing a plea filed by a Khasi woman from Meghalaya.
The Khasi woman from Meghalaya, in her plea, challenged Delhi Golf Club’s decision to deny her entry into the club for wearing a traditional attire.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that discrimination on the basis of place of birth would attract article 15(2) of the Constitution.
On December 12, the court had granted time to the club to place on record the latest amended by-laws.
Referring to the by-laws submitted by the club, the woman’s counsel senior advocate Vrinda Grover submitted that they have now entrenched the discrimination.
Thereafter, the bench said they would like to examine the implementation of Article 15(2) and the wider issue of prevailing discriminatory practices in society, and for that purpose senior advocate V Giri was appointed as Amicus in the matter.
The bench listed the matter for further hearing on January 20 next year.
The petition has been filed by a woman of Khasi origin from the state of Meghalaya belonging to a Scheduled Tribe, who was denied the right to be a guest at a lunch she was invited to at Delhi Golf Club Limited’s dining area because of her facial appearance and her cultural attire.
The plea stated that “her facial appearance and cultural attire, ‘which in the wisdom of the Golf Club was an expression of her being a Nepali maid’, and that in itself disqualified her from her right to be a duly invited guest at the lunch”.
The plea sought direction to ensure that discrimination on the basis of caste, sex, place of birth, cultural attire and expression, occupation, etc., which is an insult to and violative of one’s right to human dignity, is not allowed to perpetuate in the garb of rules, regulations, bye-laws, etc., of places of public resort and entertainment.
Additionally, it also sought direction to ensure that places maintained or established out-of-state funds or beneficiaries of monetary concessions from the state are required by the Union of India to uphold the constitutional values of equality, fraternity, and justice social.