High Court Asks Centre, Delhi Police To Take Steps For Complying With NHRC Advisory On Arrest, Search Of Transgender Persons

Nupur Thapliyal

2 Sept 2026 4:50 PM IST

  • High Court Asks Centre, Delhi Police To Take Steps For Complying With NHRC Advisory On Arrest, Search Of Transgender Persons

    The Delhi High Court on Wednesday directed the authorities to consider and take appropriate steps to ensure compliance of an advisory issued by the National Human Rights Commission (NHRC) on handling of arrests and detention, including imprisonment and search, involving transgender persons.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice on a PIL...

    The Delhi High Court on Wednesday directed the authorities to consider and take appropriate steps to ensure compliance of an advisory issued by the National Human Rights Commission (NHRC) on handling of arrests and detention, including imprisonment and search, involving transgender persons.

    A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice on a PIL filed by Taaran Chandna, who appeared in person.

    The Bench sought response of the Union of India, Delhi Police as well as the Delhi Government.

    The plea seeks formation of an SOP to be followed by the Delhi Police and other investigative agencies at the time of arrest, search and detention of transgender persons.

    The petitioner relied upon the guidelines issued by NHRC to ensure welfare of transgender persons which provide that a comprehensive SOP be developed for police and correctional institutions to guide treatment of transgender during arrest, search, detention, interpreting and imprisonment, in conforming with human rights norms and judicial decisions.

    Delhi Government's standing counsel Sameer Vashisth said that so far as transfer of inmates in prisons in Delhi is concerned, adequate provision is made to keep transgender individuals in separate cells.

    Issuing notice on the plea, the Court called upon the Union of India, Delhi Government and Delhi Police to file their responses.

    “In the meantime, we direct that the advisory issued by the NHRC in May 2026 shall be considered and steps which may be permissible under law be taken by the respondents,” the Court ordered.

    It added: “Let the respondents file their replies indicating steps taken to ensure compliance of the NHRC advisory.”

    The matter is now listed on November 18.

    Chandna, claiming to be an Executive Member of the Governing body of Association for NGO Social and Sustainable Reform, states that the Bharatiya Nagarik Suraksha Sanhita, 2023, contains no provision relating to arrest of transgenders.

    He contends that even the recently enacted Transgender Persons (Protection of Rights) Amendment Act, 2026, while substantially revising the definition of transgender person and the certification process, is equally silent on police arrest and search protocols.

    Title: Taaran Chandna v. Union of India & Ors

    Case Number: WP (C) 12686/2026

    Nupur Thapliyal

    Nupur Thapliyal

    Nupur Thapliyal is a Principal Correspondent with LiveLaw, based in New Delhi. She reports from the Delhi High Court and trial courts in the national capital

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