Asserting that it is the duty of the State to safeguard and enforce rights guaranteed to transgenders under the Constitution, the Delhi High Court has directed the Delhi police to provide necessary security to a person from the transgender community intending to file nomination for the Lok Sabha elections.
The court order came after the petitioner Rajan Singh, who intended to file his nomination from South Delhi Parliamentary Constituency with the support of Rashtriya Bahujan Congress Party, had alleged there was a “life threatening attack” earlier this month at his office in Badarpur. He had sought directions for appropriate security and protection of his fundamental rights.
After the order, Rajan Singh expressed his gratitude at the Court’s dedication to upholding constitutional principles and safeguarding the rights of all citizens, regardless of gender identity or sexual orientation. He said, this ruling not only ensures his safety but also reinforces the importance of equality and inclusivity in the electoral process.
Justice Anoop Kumar Mendiratta had observed that Article 14 of the Constitution ensures equality even for participation in the election process and any discrimination on the grounds of sexual orientation or gender identity impairs this provision.
“Article 14 of the Constitution of India ensures equal protection of laws in all spheres of State activity, including participation in the election process. Any discrimination on the grounds of sexual orientation or gender identity impairs the equality before law and violates the Article 14 of the Constitution of India. The duty lies on the State for the purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution,” the court said in its order on April 29.
“Petition is disposed of with directions to DCP (South) to provide necessary security to the petitioner for filling up the nomination form from South Delhi Parliamentary Constituency. SHO concerned shall also share his mobile number with the petitioner for aforesaid purpose,” the court ordered.
Rajan Singh is poised to file his nomination soon in a constituency where established political figures like Ramvir Singh Bidhuri of the BJP and Sahiram Pehlwaan of the Aam Aadmi Party (AAP) are also contenders. Despite the competitive electoral landscape, Singh’s primary motivation for entering the race is to amplify the voices of the transgender community. Regardless of the election’s outcome, the 25-year-old is committed to advocating for greater visibility and representation for transgender individuals in the political sphere, he said.
