Discrimination On Grounds Of Sexual Orientation Violates Article 14: Delhi HC Orders Police Protection For Transgender Candidate Filing Nomination For Lok Sabha Elections

Petitioner Rajan Singh, who intended to file his nomination from South Delhi Parliamentary Constituency with the support of Rashtriya Bahujan Congress Party, alleged there was a "life threatening attack" earlier this month at his office in Badarpur, and sought directions for appropriate security and protection of his fundamental rights.

Justice Anoop Kumar Mendiratta 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.

"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.

The counsel appearing for the State assured the court that in case the petitioner needed any security for the purpose of filling up the nomination form, the same could be provided.

The counsel further said the petitioner's complaint shall be further looked into in accordance with law and the outcome of the same shall be communicated to the petitioner within a period of two weeks.

It was also informed that the incident as alleged by the petitioner could not be corroborated during initial inquiry.

The Election Commission's lawyer stated that the nomination process commenced on April 29 and the petitioner was at liberty to apply in accordance with law.

Cause Title: Rajan Singh v. The State Govt Of NCT Of Delhi & Ors., [2024:DHC:3361]

Appearance:

Petitioner: Advocate Subhash Chand Budhiraja

Respondents: Advocates Anand V. Khatri, ASC with Nandini Diesh, and Ankit Agarwal, Standing Counsel with Ashish Shukla for R.2.

Click here to read/download Judgment

With PTI Inputs