Delhi HC asks Centre, police to frame SOP on arrest, detention of transgender persons

The Delhi High Court on Wednesday 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 of 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 asked the authorities to consider the National Human Rights Commission's (NHRC) advisory issued in May 2026 on ensuring the welfare and rights of transgender persons.

The petitioner said Delhi Police has standing orders governing the arrest of women and senior citizens but has no specific guidelines for transgender persons.

Chandna submitted that the NHRC's 'Advisory for Ensuring the Welfare of Transgender Persons, 2.0' calls for a comprehensive SOP covering the arrest, detention, search, interrogation and imprisonment of transgender persons.

However, no such SOP or guideline has been formulated for Delhi, the plea said.

“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 to comply with the advisory and listed the matter for further hearing on November 18.

The PIL said clear guidelines were necessary to protect the fundamental rights of transgender persons, including bodily integrity, dignity, equality and non-discrimination.

It cited the arrest of three transgender persons by Delhi Police in May 2025 as an example of the concerns arising from the absence of specific guidelines.

According to the plea, despite one of the three persons having female genital anatomy and another possessing a valid Certificate of Identity, all three were allegedly personally searched by a male police officer without an inquiry into their gender identity, self-declaration or consent.

The petitioner contended that such incidents showed the need for clear procedures governing the arrest, search and detention of transgender persons.