The Delhi High Court has said while quashing the summons issued by the MSCW in connection with the alleged discrimination against a tribal woman at the Delhi Golf Club
The functions of the Meghalaya State Commission for Women (MSCW) are related to advising the state government in matters pertaining to women and its application is limited to Meghalaya, the Delhi High Court has said while quashing the summons issued by the MSCW in connection with the alleged discrimination against a tribal woman at the Delhi Golf Club.
Justice Vibhu Bhakru also said that according to the MSCW Act, 2005, the women's body "does not have extraterritorial operation outside the state of Meghalaya".
On November 7, the court had stated that "the impugned notice issued to summon the Secretary of the petitioner is quashed. The Commission has no jurisdiction to pursue any proceedings with regard to the events that transpired at the Delhi Golf Club."
Tailin Lyngdoh, a governess, had accused the club and its members of racial profiling of people, which was tantamount to racial discrimination of tribal people, a punishable offense.
Following this, a summon was served to the club which was challenged in the Delhi High Court. The court noted that the only question to decide is whether the commission can initiate any inquiry against the club, along with its officials. appearing for the petitioners, senior counsel Dayan Krishnan said that there was no racial discrimination as was alleged. The rules of the club do not permit members from bringing maids/domestic help inside the premises to render assistance to them, their children or their guests.
"In the present case, there is no dispute that the incident complained of occurred in Delhi and no part of the cause of the action had arisen within the state of Meghalaya. The petitioner (Delhi Golf Club) also does not have any presence in any state other than in NCT of Delhi,' the court order said.
"As stated hereinbefore, the Act is applicable only in the State of Meghalaya and therefore, the commission does not have the jurisdiction to entertain complaints regarding events/incidents that have occurred outside the state," the court said in its 10-page order.
The court said the commission is empowered to look into the complaints relating to women and take up such matters with appropriate authorities.
Earlier on October 9, the Delhi High Court had sought the reply of the Centre and the Delhi Golf Club on a plea filed by Lyngdoh and three others seeking direction to places of public entertainment not to discriminate against anyone or violate the right to human dignity.
Lyngdoh, who was not allowed in the club, allegedly for wearing'Jainsem', a traditional Khasi attire had also sought compensation of Rs 1.
1,200-acre green. 245
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