December 28, 2018:

On Friday, the Delhi Police has clarified before the High Court that criminal law provisions relating to sexual harassment can be invoked by transgender persons.

The police commissioner informed a bench comprising of Justice Siddharth Mridul and Justice Sangita Dhingra Sehgal that now, when a transgender person files a complaint under Section 354 A of the Indian Penal Code, the police will register a case where a cognizable offence is made out.

The police statement last week was in response to the HC asking it earlier to answer allegations leveled by a transgender person that they had not lodged an FIR despite her complaints of sexual harassment.

In a petition filed in court, the transgender challenged the constitutional validity of clauses (i), (ii) and (iv) of sub-section (1) of Section 354 A of the IPC to the extent that these clauses were being interpreted by police to exclude transgender victims of sexual harassment.

The transgender petitioner claimed she had been sexually harassed by male students on her college campus but, when she complained to the police, no FIR was lodged. Instead, she said, she was informed by officials that no criminal case could be registered.

Entertaining her petition, the court had initially sought a response from the police and the Centre as the matter concerned a challenge to the constitutional validity of a provision.

However, when the authorities failed to specify their stand despite being given a chance by the court, the HC gave the state a last chance, indicating that otherwise it may pass orders.

It was only when the court asked the police chief to intervene and respond to its query if cases were being registered on complaints of harassment by transgender people that the police lodged a case on the transgender person’s complaint.

The police then informed the court in the final hearing that “an FIR, based on the complaint made on behalf of the petitioner, under the provision of Section 354-A IPC, has since been registered at Police Station Rajouri Garden; and investigation is underway”.

With the petitioner getting the relief she had sought, she decided not to press the case further and it was disposed of by the HC.

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