Delhi HC asks Centre, police, govt to frame SOP for transgender arrests, detention
Delhi HC directs Centre, Delhi Police and Delhi govt to frame SOP governing arrest, detention and search of transgender persons.
On Wednesday, the Delhi High Court issued an order directing the Centre, Delhi Police, and the Delhi government to create a comprehensive Standard Operating Procedure (SOP) regarding the arrest, detention, search, interrogation, and imprisonment of transgender persons. The court emphasized that the National Human Rights Commission's Advisory for Ensuring the Welfare of Transgender Persons 2.0, issued in May 2026, should serve as a foundation for the development of this SOP, with all permissible steps under the law to be taken by the respondents.
The court's directive was issued in response to a petition filed by student Taaran Chandna, who requested the Centre, Delhi Police, and the Delhi government to formulate and implement an SOP for the arrest and search of transgender individuals. The petition highlighted that the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs arrest procedures for men and women, lacks specific provisions concerning transgender persons.
Furthermore, the Transgender Persons (Protection of Rights) Amendment Act, 2026, although revising the definition of transgender individuals and the certification process, does not address police arrest and search protocols.
The petitioner also referenced the May 2026 advisory by the National Human Rights Commission, which called for a comprehensive SOP on the issue but noted that it had not yet been implemented. The arrest and search of transgender persons without any procedure to ascertain, acknowledge, or accommodate their gender identity were described as a direct, concrete, and ongoing violation of multiple fundamental rights guaranteed under Part III of the Indian Constitution, as interpreted by the Supreme Court over the years.
The Delhi government, represented by counsel Sameer Vashisht, claimed that adequate provisions have already been established for transgender inmates in Delhi's prisons, such as providing separate cells or designated facilities. The case will be heard again on November 18.
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