Delhi HC asks Centre, police to frame SOP for arrest of transgender persons
The Delhi High Court on Wednesday, September 2, asked the Centre, Delhi Police and the Delhi government to take appropriate steps towards formulating a Standard Operating Procedure (SOP) for the arrest and detention of transgender persons in the national capital.
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia issued notices to the Centre, Delhi Police and the Delhi government on a public interest litigation (PIL) filed by law student Taaran Chandna.
The court also directed the authorities to consider an advisory issued by the National Human Rights Commission (NHRC) on the welfare and protection of transgender persons.
The petitioner said that while Delhi Police has a standing order governing the arrest of women and senior citizens, it is "wholly silent" on transgender persons.
According to the plea, the NHRC in May issued its 'Advisory for Ensuring the Welfare of Transgender Persons, 2.0', recommending the formulation of a comprehensive SOP governing the arrest, detention, search, interrogation and imprisonment of transgender persons.
Chandna submitted that no such SOP or guideline has been formulated for Delhi so far.
"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 bench said.
The court directed the authorities to file affidavits detailing the steps taken by them in compliance with the NHRC advisory and listed the matter for hearing on November 18.
The petitioner said an SOP governing the arrest and personal search of transgender persons by Delhi Police was necessary to protect their fundamental rights to bodily integrity, dignity, equality and non-discrimination guaranteed under the Constitution.
The PIL referred to what it described as "concrete and continuing harm" caused by the absence of such guidelines.
It cited an incident in May 2025, when police arrested three transgender persons in connection with an FIR.
The plea alleged that despite one of them having female genital anatomy and another possessing a valid Certificate of Identity, all three were personally searched by a male police officer "without any enquiry into their gender identity, without seeking self-declaration, and without consent".
The petitioner contended that the incident highlighted the need for clear procedures to govern the treatment of transgender persons during arrest, search, detention and other stages of criminal proceedings.
