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Synopsis

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 at the Golf Club due to her traditional attire.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has posted the matter for further hearing on December 20. 

One Kong Tallin Lyngdoh, a Khasi Tribe woman approached the high court against the discrimination practiced in various places of public entertainment, places of public resort, clubs, societies, body corporates, and associations, under the garb of rules and regulations, thereby restricting the enjoyment of fundamental rights.

The counsel appearing for the Golf Club, however, apprised the court that a fresh apology has been issued to the petitioners.

However, Advocate Vrinda Grover appearing for the petitioner submitted that it could not be called an apology. "Here they are saying that it is a mistake of an employee, but the employee has followed their by-laws, and it is written in there," she submitted.

Thereafter, the counsel appearing for the club submitted that by-laws have been amended in the year 2017, and there is no such discrimination being followed at the Golf Club.

In view of the above, the bench directed the Golf Club to bring their latest by-laws on record.

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.

Case Title: Kong Tallin Lyngdoh & Ors. Vs. Union of India & Ors.