The Delhi High Court issued a directive for direct police protection to be provided to a transgender candidate during the filing of their nomination. Justice Anoop Kumar Mendiratta, in an order passed on April 29, emphasized that Article 14 of the Constitution of India ensures equal protection of laws in all aspects of state activity, including participation in the election process. The judge stated that any discrimination based on sexual orientation or gender identity impairs equality before the law and violates Article 14 of the Constitution.
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NEW DELHI: On Monday (29th April): The Delhi High Court directed police protection to a transgender individual who wants to contest the Lok Sabha election from the South Delhi constituency. The petitioner, Rajan Singh, approached the court seeking security and protection of their fundamental rights as they prepare to run for the upcoming Lok Sabha Election in 2024 as a candidate from the South Delhi Parliamentary Constituency.
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Justice Anoop Kumar Mendiratta, in an order passed on April 29, emphasized
“Article 14 of the Constitution of India guarantees equal protection of laws across all state activities, including participation in the election process. Discrimination based on sexual orientation or gender identity undermines equality before the law and contravenes Article 14. The State bears the responsibility of safeguarding and upholding the rights of transgender individuals as guaranteed by the Constitution.”
The court directed the Deputy Commissioner of Police (South) to provide necessary security to Rajan Singh, who had been attacked on April 12. The statement of the Additional Standing Counsel for the State was taken on record, and the bench disposed of the petition with instructions to the DCP (South) to facilitate the petitioner in filling out the nomination form from the South Delhi Parliamentary Constituency.
The High Court also ordered the concerned Station House Officer (SHO) to share their mobile number with the petitioner for this purpose. Rajan Singh, a member of the transgender community, intends to contest the Lok Sabha Election 2024 from the South Delhi Parliamentary Constituency with the support of the Rashtriya Bahujan Congress Party.
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“The petition is resolved with instructions for the DCP (South) to furnish requisite security to the petitioner for completing the nomination process from the South Delhi Parliamentary Constituency. Additionally, the concerned SHO is directed to share their mobile number with the petitioner for this purpose.”
Advocate Subhash Chand Budhiraja, the counsel for the petitioner, highlighted that Rajan Singh had been subjected to a life-threatening attack in their office at Badarpur on April 12. A complaint was lodged with the Commissioner of Police, Delhi, and a request for security was made to the Election Commission of India on April 14. However, no response has been received thus far.
The counsel for the Election Commission of India (ECI) stated that since the nomination process had only begun on April 29, the petitioner could apply according to the law. They added that the police authorities would be able to provide necessary security in accordance with the law if the petitioner anticipated any threats.
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The counsel for the Delhi Police assured the court that the complaint lodged by the petitioner on April 14 would be further investigated, and the outcome would be communicated to the petitioner within two weeks. It was also mentioned that the initial inquiry did not corroborate the alleged incident. However, if the petitioner requires security while filling out the nomination form, it can be provided upon sharing the date and time with the authorities.
Case Title: Rajan Singh Transgender vs The State Govt Of Nct Delhi And Others
