Delhi High Court orders police protection for Transgender person to file nomination in Lok Sabha elections

The Delhi High Court on April 29 ordered police protection to a transgender person seeking to file nomination for contesting the upcoming Lok Sabha elections from the South Delhi parliamentary constituency [Rajan Singh v. State (Govt. of NCT of Delhi) and Others]..Single-judge Justice Anoop Kumar Mendiratta observed that the equality clause under Article 14 of Constitution ensures equal protection of laws in all spheres of State activity including participation in the election process."Any discrimination on the ground 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 purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution," the Court observed..The Court, therefore, allowed Rajan Singh to file his nomination for the upcoming Lok Sabha elections in New Delhi with the assistance of the Rashtriya Bahujan Congress Party.The plea was moved contending that he suffered a life-threatening attack at his office on April 12, for which he had filed a complaint with the Commissioner of Police. He alleged that on April 14, he asked the Election Commission of India (ECI) for protection to contest the upcoming elections, but received no response from the poll body.The counsel for the ECI submitted that because the nomination process had begun only on April 29, Singh is free to apply in accordance with the law, and that the police may be able to provide him with appropriate security if he perceives a threat.The Delhi Police also stated that the case filed by Singh will be further investigated in accordance with the law, and the decision on the same will be taken within two weeks.It was also suggested that if Singh requires any protection for filling out the nomination form, it can be allowed..Accordingly, the Court directed the Delhi Police to provide necessary security to the petitioner for filling up the nomination form. "Taking the statement of learned ASC for the State on record, 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 directed..Advocate Subhash Chand Budhiraja appeared for Singh.Additional Standing Counsel Anand V Khatri and advocate Nandini Diesh appeared for the State.Advocate Ankit Agarwal with Advocate Ashish Shukla represented the Election Commission of India..[Read Order]