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Delhi HC grants police protection to transgender person aspiring to contest in Lok Sabha polls

New Delhi: The Delhi High Court has granted police protection to a transgender person, who is aspiring to contest the Lok Sabha election from the South Delhi constituency.
He approached the court seeking police protection and a direction for the protection of his fundamental rights as he is going to contest the election in the upcoming Lok Sabha Election; 2024 as a candidate from South Delhi Parliamentary Constituency.
Justice Anoop Kumar Mendiratta on Monday granted police protection to Rajan Singh.
The direction has been given to DCP (South) after hearing the petition filed by Rajan Singh, who was attacked on April 12.
"It may be observed that Article 14 of the Constitution of India ensures equal protection of laws in all spheres of State activity including participation in the election process," Justice Mendiratta said in the order passed on April 29.
"Any discrimination on the grounds of sexual orientation or gender identity impairs the equality before the law and violates Article 14 of the Constitution of India," Justice Mendiratta added.
The duty lies on the State to safeguard and enforce the rights of the transgenders guaranteed under the Constitution," he clarified.
The bench disposed of the petition after taking the statement of Additional Standing Counsel (ASC) for the State on record with directions to DCP (South) to provide necessary security to the petitioner for filling up the nomination form from the South Delhi Parliamentary Constituency.
The High Court directed that the SHO concerned shall also share his mobile number with the petitioner for the aforesaid purpose.
It was submitted that the petitioner is a member of the transgender community and intends to file his nomination for the Lok Sabha Election, 2024 from South Delhi Parliamentary Constituency, supported by Rashtriya Bahujan Congress Party.
Advocate Subhash Chand Budhiraja, Counsel for the petitioner stated that the petitioner suffered a life-threatening attack on 12.04.2024 in his office at Badarpur. Thereafter, a complaint was lodged with the Commissioner of Police, Delhi.
Further, a request was made by the petitioner to the Election Commission of India on April 14 to provide security to contest the upcoming Lok Sabha Election, 2024 but no response has been received, the counsel added.
Counsel for Election of India (ECI) submitted that since the nomination process has only commenced on April 29, the petitioner is at liberty to apply by law.
He further submitted that Police authorities may be able to provide necessary security in accordance with law, in case the petitioner apprehends any threat.
The counsel for Delhi police submitted that the complaint lodged by the petitioner on April 14, shall be further looked into by law and the outcome of the same shall be communicated to the petitioner within two weeks.
It was also informed that the incident as alleged by the petitioner could not be corroborated during the initial inquiry. He further stated that in case the petitioner needs any security to fill up the nomination form, the same can be provided subject to the sharing of the date and time by the petitioner.

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