Delhi High Court allows transgender candidate's plea seeking police protection for filing nomination for Lok Sabha Elections
Justice Anoop Kumar Mendiratta [29-04-2024]

Read Order: RAJAN SINGH v. THE STATE GOVT OF NCT DELHI & OTHERS [DEL HC- W.P.(CRL) 1307/2024]

Tulip Kanth

New Delhi, April 30, 2024: Highlighting that the duty lies on the State for safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution, the Delhi High Court has directed the Police to provide necessary security to a transgender candidate for filling up his nomination form from South Delhi Parliamentary Constituency for the upcoming Lok Sabha Elections.

The petitioner had approached the Delhi High Court with a petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying for issuance of directions to Respondent No.3 and grant police protection for the life of the Petitioner.

The petitioner had also put up a plea for issuance of a direction to Respondent No.2 for protection of the fundamental rights of the Petitioner as the Petitioner is going to contest election in upcoming Lok Sabha Election 2024 as a candidate from South Delhi Parliamentary Constituency.

It was the case of the petitioner that petitioner is a member of transgender community and intends to file his nomination for Lok Sabha Election, 2024 from South Delhi Parliamentary Constituency, supported by Rashtriya Bahujan Congress Party. He further stated that he suffered a life-threatening attack on 12.04.2024 in his office at Badarpur, whereupon a complaint was lodged with the Commissioner of Police, Delhi. Further, a request was made by the petitioner to Election Commission of India for providing security to contest the upcoming Lok Sabha Election, 2024 but no response had been received

ECIC’s Counsel submitted that since the nomination process had only been commenced w.e.f. 29.04.2024, petitioner would be at liberty to apply in accordance with law. He further submits that respondent Nos.1, 3 and 4 may be able to provide necessary security in accordance with law, in case the petitioner apprehends any threat.

The counsel for the State/respondent Nos.1, 3 and 4 submitted that complaint lodged by the petitioner would be further looked into in accordance with law and the outcome of the same shall be communicated to the petitioner within a period of two weeks. It was also informed that the incident as alleged by the petitioner could not be corroborated during initial inquiry. 

The ASC had also submitted that in case the petitioner needs any security for the purpose of filling up the nomination form, the same can be provided subject to sharing of date and time by the petitioner.

The Single-Judge Bench of Justice Anoop Kumar Mendiratta, at the outset, asserted, “It may be observed that Article 14 of the Constitution of India ensures equal protection of laws in all spheres of State activity including participation in the election process. Any discrimination on the ground of sexual orientation or gender identity impairs the equality before law and violates the Article 14 of the Constitution of India. The duty lies on the State for purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution.”

Taking the statement of the ASC for the State on record, the Bench disposed of the petition with directions to DCP (South) to provide necessary security to the petitioner for filling up the nomination form from South Delhi Parliamentary Constituency. SHO concerned has also been asked to share his mobile number with the petitioner for aforesaid purpose.

The High Court also directed the ASC for the State to ensure that the outcome of the complaint filed by the petitioner is communicated to him within two weeks.