Delhi High Court Grants Police Protection To Transgender Person For Filing Nomination For Lok Sabha Polls

The Delhi High Court has granted police protection to a transgender person for filling up the nomination form in the upcoming Lok Sabha Elections as a candidate from South Delhi Parliamentary Constituency.

Justice Anoop Kumar Mendiratta 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,” the court said.

It disposed of a plea filed by Rajan Singh who intended to file his nomination for the general elections, supported by Rashtriya Bahujan Congress Party.

He alleged that he suffered a life threatening attack on April 12 in his office regarding which a complaint was lodged by him with the Commissioner of Police. He contended that he requested the Election Commission of India on April 14 to provide him security to contest the upcoming polls, but no response was received.

The counsel appearing for ECI submitted that since nomination process has only been commenced from April 29, Singh is at liberty to apply in accordance with law and that the police may be able to provide necessary security to him in case he apprehends any threat.

The counsel appearing for the Delhi Police submitted that the complaint lodged by Singh shall be further looked into in accordance with law and outcome of the same shall be communicated within two weeks.

It was also submitted that in case Singh needs any security for filling up the nomination form, the same can be provided subject to sharing of date and time.

“Taking the statement of learned ASC for the State on record, petition is disposed of 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 shall also share his mobile number with the petitioner for aforesaid purpose,” the court said.

Counsel for Petitioner: Mr. Subhash Chand Budhiraja, Advocate

Counsel for Respondents: Mr. Anand V. Khatri, ASC with Ms. Nandini Diesh, Advocate; Mr. Ankit Agarwal, Standing Counsel with Mr. Ashish Shukla, Advocate for ECI

Title: RAJAN SINGH v. THE STATE GOVT OF NCT DELHI & OTHERS

Citation: 2024 LiveLaw (Del) 520

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