Facts:
This Petition was filed challenging the constitutionality of S.354-A of IPC, in so far as
it excludes victims of sexual harassment who are transgender persons. It was argued
that S.354A is ultra vires of Articles 14, 15 and 21 of the Constitution.
Court Decision and Reasoning:
The petition was dismissed by the Court as during the course of the hearings, because
it was submitted on behalf of the Commissioner of Police, Delhi that if a cognizable
offence was made out under S.354A IPC in the complaint, the same shall be registered
even if the complainant is a transgender person, in line with the Supreme Court’s
decision in NALSA.
Significance:
This is a significant order as it records that the police recognised the coverage of the
criminal law against sexual harassment in the IPC to be applicable to transgender
persons.