New Delhi [India], September 2 (ANI): The Delhi High Court on Wednesday directed the Centre, Delhi Police and the Delhi government to consider taking appropriate steps to put in place safeguards concerning the arrest and detention of transgender persons.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice to the authorities on a public interest litigation (PIL) filed by law student Taaran Chandna.
The Court took note of the National Human Rights Commission's (NHRC) Advisory for Ensuring the Welfare of Transgender Persons, 2.0, issued in May 2026, which recommends a comprehensive Standard Operating Procedure (SOP) for the arrest, detention, search, interrogation and imprisonment of transgender persons.
While seeking responses from the respondents, the Bench directed that the advisory be considered and appropriate steps permissible under law should be taken.
"We call upon the Union of India, the Delhi Police and the State government to file their reply. In the meantime, we direct that the advisory issued in May 2026 shall be considered and appropriate steps as permissible in law shall be taken," the Court said.
The respondents have also been directed to place on record, through an affidavit, the steps taken by them in this regard. The matter will next be heard on November 18.
The PIL raises concerns over the absence of a specific procedure in Delhi for dealing with transgender persons during arrest and personal search. It seeks framing of an SOP to ensure that their dignity, bodily integrity and gender identity are respected during police and custodial procedures.
The petition states that despite constitutional recognition of transgender persons and legal protections available to them, there is no specific procedure governing their arrest or personal search in Delhi.
It relies on RTI responses received from different districts of Delhi Police to claim that there are no separate guidelines on recognising a transgender person's gender identity, obtaining their preference regarding the gender of the searching officer, or conducting a personal search while protecting their dignity and bodily integrity.
The plea also cites the NHRC's May 2026 advisory, which calls for a comprehensive SOP covering the arrest, detention, search, interrogation and imprisonment of transgender persons.
Referring to guidelines issued by the Kerala Police, the petitioner has argued that similar safeguards are practically possible and sought directions for Delhi authorities to frame an appropriate SOP in consultation with concerned stakeholders.
The petition also relies on RTI replies and existing Delhi Police standing orders to contend that there is no separate protocol dealing specifically with the arrest or personal search of transgender persons. It also refers to similar guidelines issued by the Kerala Police and the recent NHRC advisory.
The petitioner had earlier made representations to the concerned authorities seeking such guidelines. Claiming that no action was taken, he approached the High Court through the present PIL. (ANI)
Delhi HC asks Centre, police to act on NHRC advisory on arrest, detention of transgender persons' arrest and detention
