Delhi HC grants police protection for third-gender candidate for filing nomination papers

It was also informed that the incident as alleged by the petitioner could not be corroborated during initial inquiry.
Delhi High Court
Delhi High Court

NEW DELHI: The Delhi High Court has granted police protection to a third gender candidate for filing his nomination form in the Lok Sabha elections as a candidate from the South Delhi parliamentary constituency.

A single-judge bench of Justice Anoop Kumar Mendiratta said in its order on Monday that the constitution ensures equal protection of laws in all spheres of State activity, including participation in the election process.

“Any discrimination on the ground of sexual orientation or gender identity impairs the equality before law and violates the Article 14 of the Constitution of India. The duty lies on the State for purpose of safeguarding and enforcing the rights of the transgenders guaranteed under the Constitution,” the court said in its order.

The court instructed the Deputy Commissioner of Police (south) to provide necessary security and mandated the sharing of his contact information with the petitioner. Additionally, it ordered the state’s counsel to inform the petitioner of the outcome of a complaint he had lodged within two weeks.

Petitioner Rajan Singh, who intended to file his nomination from South Delhi Parliamentary Constituency with the support of Rashtriya Bahujan Congress Party, alleged there was a “life threatening attack” earlier this month at his office in Badarpur, and sought directions for appropriate security and protection of his fundamental rights. The counsel appearing for the State assured the court that in case the petitioner needed any security for the purpose of filling up the nomination form, the same could be provided.

The counsel further said the petitioner’s complaint shall be further looked into in accordance with law and the outcome of the same shall be communicated to the petitioner within a period of two weeks.

It was also informed that the incident as alleged by the petitioner could not be corroborated during initial inquiry.

The Election Commission’s lawyer stated that the nomination process commenced on April 29 and the petitioner was at liberty to apply in accordance with law. The last day of filling the nomination papers is May 6.

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