FIR to be lodged on transgenders' complaint of sexual harassment, police tells HC

Transgenders will now be given protection against sexual harassment under the penal law, the police has informed the Delhi High Court.

If a transgender makes a complaint of sexual harassment, FIR would be lodged against the accused, Delhi Police told the court.

The submission was made before a bench of Justices Siddharth Mridul and Sangita Dhingra Sehgal on December 17 while it was hearing a transgender's plea alleging that police lodged no FIR on her complaint of sexual harassment against one of her male classmates.

The 21-year-old Delhi University student had claimed in her plea before the high court that the police declined to consider her complaint as she was not a woman.

 

The petitioner had told the court that though she was assigned the male sex at the time of birth, after growing up she had decided to undergo a sex reassignment surgery.

Her plea had alleged that she was subjected to "lewd and sexually coloured remarks" by her male classmate for her "feminine gender expression" and he had also made "unwelcome sexual advances" towards her.

She had said that she was traumatised by the incidents and had approached the police with her complaint, but she was not heard by them.

On December 17, the Delhi Police told the court that in the instant case an FIR for sexual harassment has been lodged on the transgender person's complaint and investigation was underway.

Besides, it said the Commissioner of Delhi Police has issued directions that "if a cognizable offence, under the provision of section 354-A IPC (sexual harassment), is made out on the complaint of a transgender, the same shall be registered in accordance with law in view of SC verdict in NALSA case".

Taking note of the submission by Delhi Police that petitioner had withdrawn her plea which had challenged the constitutional validity of certain clauses of section 354A of IPC, to the extent they were being interpreted to exclude victims of sexual harassment who were transgenders.