The Delhi High Court has emphasized the State’s duty to uphold and enforce the rights guaranteed to transgender individuals under the Constitution.
This directive came as the court instructed the local police to provide necessary security to a transgender person intending to file nomination for the Lok Sabha polls.
Rajan Singh, the petitioner, aimed to submit his nomination from the South Delhi Parliamentary Constituency with the backing of the Rashtriya Bahujan Congress Party. He alleged a “life-threatening attack” at his Badarpur office earlier this month and sought appropriate security and protection of his fundamental rights.
The Judge
Justice Anoop Kumar Mendiratta noted that Article 14 of the Constitution guarantees equality, including in the election process, and any discrimination based on sexual orientation or gender identity violates this provision.
The court’s order on April 29 stated, “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 grounds of sexual orientation or gender identity impairs the equality before law and violates Article 14 of the Constitution of India. The duty lies on the State for the purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution.”
Delhi Police
The court disposed of the petition with directions to the Deputy Commissioner of Police (South) to provide necessary security to the petitioner for filing the nomination form from South Delhi Parliamentary Constituency. The concerned Station House Officer was also directed to share their mobile number with the petitioner for this purpose.
The State’s counsel assured the court that if the petitioner required security for filling the nomination form, it would be provided. They also pledged to investigate the petitioner’s complaint in accordance with the law and communicate the outcome within two weeks.
During the initial inquiry, it was found that the alleged incident could not be corroborated. The Election Commission’s lawyer informed that the nomination process began on April 29, and the petitioner was free to apply as per the law.
