The Delhi High Court, emphasizing the State’s obligation to uphold the rights of transgender individuals as guaranteed by the Constitution, directed the police to ensure necessary security for a transgender person intending to file a nomination for the Lok Sabha elections.
Background of the Case
Petitioner Rajan Singh, seeking to file nomination from the South Delhi Parliamentary Constituency with the support of the Rashtriya Bahujan Congress Party, reported a life-threatening attack at his office in Badarpur earlier in the month. He approached the court seeking appropriate security and protection of his fundamental rights.
Court’s Observations and Order
Justice Anoop Kumar Mendiratta highlighted Article 14 of the Constitution, emphasizing equality in the election process. Discrimination based on sexual orientation or gender identity undermines this provision. The court affirmed the State’s duty to safeguard and enforce transgender rights under the Constitution.
The court directed the DCP (South) to provide necessary security to the petitioner for filing the nomination form, with the concerned SHO sharing their mobile number for communication purposes. The State’s counsel assured the court of providing security as needed and pledged to investigate the petitioner’s complaint within two weeks.
Further Proceedings and Election Commission’s Response
The court was informed that initial inquiries couldn’t corroborate the petitioner’s alleged incident. The Election Commission’s lawyer clarified that the nomination process began on April 29, allowing the petitioner to apply in accordance with the law.
This ruling underscores the importance of ensuring equal participation in the electoral process and protecting the rights of marginalized communities, in this case, transgender individuals, in exercising their democratic rights.
