The Delhi High Court on Monday directed the Delhi Golf Club to bring their latest bylaws on record in a plea filed by a Khasi tribe woman who was denied entry allegedly due to her traditional attire.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has listed the matter for further hearing on December 20.
The plea has been filed by one Kong Tallin Lyngdoh and others, a Khasi tribe woman, against the discrimination practised in various places of public entertainment, places of public resort, clubs, societies, body corporates, and associations, under the garb of rules and regulations, restricting the enjoyment of fundamental rights.
The counsel for the Golf Club submitted that a fresh apology has been issued to the petitioners.
However, Advocate Vrinda Grover appearing for the petitioner submitted that this cannot be called an apology, here they are saying that “it is a mistake of an employee, but the employee has followed their bylaws, and it is written in there”.
Thereafter, the counsel submitted that bylaws have been amended in 2017, and there is no such discrimination.
The bench directed the Golf Club to bring their latest bylaws on record.
THE PETITION
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 Ltd’s dining area because of her facial appearance and her cultural attire. The plea further submitted 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 has 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, bylaws, etc., of places of public resort and entertainment.
Additionally, it has 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 social justice.
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