Delhi High Court Orders Police to Develop Transgender Arrest Procedures
On September 2, 2026, the Delhi High Court in India directed the federal government, the police, and the National Capital Territory of Delhi authorities to take steps to formulate a Standard Operating Procedure (SOP) governing the arrest, detention, search, and imprisonment of transgender persons. According to media reports , the order was issued by a bench headed by Chief Justice D.K. Upadhyaya and Justice Tejas Karia during the hearing of a public interest litigation (PIL) filed by law student Taaran Chandna.
The petition highlighted that while the New Delhi police have clear guidelines for the arrest of women and senior citizens, protocols regarding transgender persons are completely absent. The country’s new criminal procedure code (Bharatiya Nagarik Suraksha Sanhita, 2023) also lacks specific provisions for this group. As an example of the legal vacuum, the petitioner cited an incident from May 2025 when three transgender individuals were subjected to a personal search by a male officer without consideration of their gender identity and without consent, despite possessing official identity certificates.
The court instructed the respondents to refer to the updated National Human Rights Commission (NHRC) advisory from May 2026, which mandates the development of protocols to protect transgender people from discrimination, violence, and forced outing during interactions with law enforcement agencies.
A representative of the Delhi government stated in court that the capital’s prisons already provide separate cells and special accommodations for transgender inmates. The court ordered the authorities to submit an affidavit detailing the steps taken and scheduled the next hearing for November 18, 2026.
