29 April 2024 Constitutional & Government >> Constitution & Law Procedure   |   Elections Law >> Constitution & Law Procedure  

In a significant judicial development, the Delhi High Court has issued directives to ensure the safety and protection of a transgender individual intending to contest in the upcoming Lok Sabha Election from South Delhi Parliamentary Constituency. The court's decision came in response to a petition filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973.

The petitioner, a member of the transgender community and affiliated with the Rashtriya Bahujan Congress Party, approached the court seeking police protection and guarantees of fundamental rights amid apprehensions of threats to personal safety. The petitioner reported a life-threatening attack on April 12, 2024, prompting a formal complaint to the Delhi Police Commissioner. Additionally, a request was made to the Election Commission of India (ECI) on April 14, 2024, for security measures in light of their candidacy.

During the court proceedings, the ECI informed that the nomination process had recently commenced, advising the petitioner to apply for security as per established legal procedures. Responding to the petitioner's concerns, the State assured a thorough investigation into the reported attack within a specified timeframe of two weeks. Initial inquiries by the State regarding the incident did not immediately substantiate the claims made by the petitioner.

In its deliberation, the court underscored the constitutional mandate of equal protection under Article 14 of the Constitution of India, particularly emphasizing the prohibition of discrimination based on sexual orientation or gender identity. Citing these principles, the court directed the Deputy Commissioner of Police (South Delhi) to provide necessary security to the petitioner specifically for the purpose of filling out the nomination form for the upcoming election. The court also mandated that the Station House Officer (SHO) share their contact details with the petitioner to facilitate coordination.

Furthermore, the State's counsel was instructed to ensure timely communication of the investigation's outcome to the petitioner within the stipulated two-week period. Pending applications related to the case were also disposed of accordingly.

The judgment signifies a pivotal step in ensuring the inclusivity and protection of transgender individuals in the electoral process, aligning with constitutional guarantees of equality and non-discrimination. By issuing these directives, the Delhi High Court has reaffirmed the State's responsibility to safeguard the rights and safety of all citizens, particularly those from marginalized communities.

The court's decision highlights the ongoing efforts to uphold constitutional values and ensure equitable participation in democratic processes, setting a precedent for future cases involving similar issues of discrimination and protection of rights.