Delhi High Court Directs Police to Form SOP for Arrest of Transgender Persons
The Delhi High Court on Wednesday directed the Central government and the Delhi Police to take appropriate steps to formulate a Standard Operating Procedure governing 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 Union government, the Delhi Police, and the Delhi government in response to a public interest litigation filed by a law student. The court asked the authorities to examine an advisory issued by the National Human Rights Commission concerning the issue.
The petitioner, Taaran Chandna, submitted in the plea that although the Delhi Police has established standing orders regarding the arrest of women and senior citizens, the regulations remain completely silent on procedures involving transgender persons. The plea pointed out that the NHRC had issued the ‘Advisory for Ensuring the Welfare of Transgender Persons, 2.0’ in May, recommending a comprehensive SOP to regulate the arrest, detention, search, interrogation, and imprisonment of transgender individuals, but no such framework has been created for Delhi.
Calling upon the Union of India, the Delhi Police, and the State government to file their replies, the High Court directed that the advisory issued in May 2026 must be considered and appropriate steps permissible under the law be initiated without delay. The judges further directed the authorities to submit an affidavit detailing the specific measures implemented in compliance with the NHRC recommendations.
According to the petition, establishing an SOP for arrests and personal searches is vital to protecting the fundamental rights of transgender individuals, including bodily integrity, dignity, equality, and non-discrimination guaranteed by the Constitution of India.
Highlighting the continuing harm caused by this regulatory void, the plea cited a May 2025 incident in which the police arrested three transgender persons in connection with an FIR. The plea alleged that a male police officer conducted personal searches on all three individuals without seeking self-declaration, without obtaining consent, and without inquiring into their gender identity, despite one person having female genital anatomy and another possessing a valid Certificate of Identity.
The High Court has scheduled the matter for its next hearing on November 18.
