Take steps on formulating SOP for arresting transgender person: HC to Centre, Delhi Police

New Delhi: The high court here on Wednesday asked the Centre and Delhi Police to take appropriate steps for the formulation of an SOP on the arrest and detention of transgender persons here.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notice to the central government, police as well as the Delhi government on a public interest litigation (PIL) by a law student, and asked them to consider an advisory by the National Human Rights Commission (NHRC) on the issue.

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The plea by Taaran Chandna said while the Delhi Police has a standing order for the arrest of women and senior citizens, it is "wholly silent" on transgender persons.

The petitioner submitted that in May, the NHRC issued the 'Advisory for Ensuring the Welfare of Transgender Persons, 2.0' for formulation of a comprehensive Standard Operating Procedure (SOP) to govern the arrest, detention, search, interrogation and imprisonment of transgender persons.

However, no such SOP or guideline has been formed for Delhi, he said.

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"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 also asked authorities to file an affidavit detailing the steps taken by them in compliance with the advisory and listed the matter for hearing on November 18.

In the PIL, Chandna said the SOP governing the arrest and personal search of transgender persons by Delhi Police was needed to protect their fundamental rights to bodily integrity, dignity, equality and non- discrimination guaranteed under the Constitution of India.

The "concrete and continuing harm" due to the "vacuum" can be seen when the police in May 2025 arrested three transgender persons in an FIR, the plea said.

It alleged that despite one of them possessing female genital anatomy and another holding 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".