The Delhi High Court has taken a significant step to ensure greater clarity and safeguards for transgender persons during arrest and detention. The court has directed the Centre, Delhi Police and Delhi government to take steps to formulate a comprehensive Standard Operating Procedure (SOP) covering the arrest, detention, search, interrogation and imprisonment of transgender persons.
The direction was given by Chief Justice DK Upadhyaya and Justice Tejas Karia who were hearing a petition for specific procedures to deal with transgender people in custody. The court also told the authorities to take into account the National Human Rights Commission’s May 2026 advisory titled Advisory for Ensuring the Welfare of Transgender Persons 2.0 and take any measures which are allowed by law to implement its recommendations.
The court has asked the concerned authorities to file an affidavit explaining the steps taken to comply with the NHRC advisory. The direction puts transgender persons’ treatment at the criminal stage of the law in greater judicial scrutiny.
Delhi HC Seeks Comprehensive SOP
The petition was filed by student Taaran Chandna, who sought the Centre, Delhi Police and Delhi government to develop and implement an SOP to address the arrest and search of transgender persons.
The petition also highlighted a gap in existing legal procedures. The Bharatiya Nagarik Suraksha Sanhita, 2023 addresses many aspects of arrest procedures for men and women but does not provide specific protocols for transgender persons.
Without clear procedures, the uncertainty about law enforcement and transgender people in arrest, search, interrogation and detention should not be avoided in the process. The petition therefore called for a framework which would be transparent and guarantee that a person's gender identity is properly recognised in the criminal justice system.
The latest direction signals that the issue has to be handled in cooperation among multiple authorities as opposed to being dealt with as a police or prison issue.
Petition Raises Concerns Over Arrest And Search
Chandna’s petition also referred to the Transgender Persons (Protection of Rights) Amendment Act, 2026. While the legislation greatly modified the definition of a transgender person and changed the certification process, the petition contended that the law was silent on specific police procedures for arrest and search.
The petitioner also relied on the NHRC’s May 2026 advisory, which calls for a comprehensive SOP concerning the treatment and welfare of transgender persons.
The plea claimed that the advisory has not yet been implemented effectively. It added that arrest and personal search without a procedure to recognize and accommodate a transgender person’s gender identity would raise serious constitutional concerns.
The lack of such safeguards could affect fundamental rights guaranteed under Part III of the Constitution, the petition states. In the end, the Supreme Court’s jurisprudence on equal treatment for transgender persons, dignity, privacy and the rights of transgender people was a guide for the petition.
Delhi Government Explains Prison Arrangements
The Delhi government told the court that arrangements had already been made for transgender inmates in Delhi’s prisons.
Sameer Vashisht, the standing counsel for transgender prisoners, said sufficient provisions are in place, such as separate cells or designated facilities for transgender prisoners.
The submission also points out the important difference between prison arrangements and procedures at earlier stages of the criminal justice process. Housing arrangements do help with a lot of the problems a person faces in prison but the proposed SOP would cover a very broad range of situations, including arrest, personal search, interrogation, detention and imprisonment.
So an integrated framework would provide police and prison authorities with the guidance on how to deal with this issue and respect the rights and dignity of transgender persons.
Why Clear Guidelines Matter
Arrest and detention is a very sensitive situation for any individual, but without clear protocols for transgender individuals, there is a lot to worry about. Questions of searches, identification, placement in custody and interactions with law enforcement personnel, in particular, can get particularly thorny when gender identity is not adequately addressed by existing protocols.
A well-defined SOP would remove ambiguity and give the authorities a consistent process to follow. It would also guarantee transgender people are treated with dignity and their constitutional and legal protections are respected throughout the criminal justice process.
Police officers would be more confident if they had clear guidelines for handling transgender people. Those in custody would get to know their gender identity will be acknowledged and how searches and detention will be conducted.
Court Seeks Accountability From Authorities
The Delhi High Court’s decision to require an affidavit from the authorities also puts a higher emphasis on implementation rather than just recommendation. The Centre, Delhi Police and Delhi government will now have to explain what steps have been taken in response to the NHRC advisory.
The court’s direction might even result in greater coordination between government departments, police and prison officials. It also calls for policies that turn legal protections and constitutional principles into actual practices on the ground.
The case matters to this degree, because it fills a specific procedural hole, but at the same time it has implications for human dignity, equality and transgender people in the criminal justice system.
The matter will be heard again on November 18. The authorities will have to work on their responses then and make sure that they lay out to the court what measures they have taken to address the concerns raised in the petition and the NHRC advisory.
