Delhi HC Issues Notice To Centre On Plea To Criminalise Sexual Offences Against Transgender Women

The Delhi High Court on Wednesday, October 8, 2025, issued notice to the Central government on a plea seeking directions to criminalise sexual offences committed against transgender women and to ensure they receive equal protection under criminal law.

The plea, filed by Dr Chandresh Jain, seeks that transgender persons be expressly recognised as “victims” under the Bhartiya Nyaya Sanhita (BNS), 2023, so they are covered in cases of sexual offences such as rape, assault and harassment.

A Division Bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela heard the matter and sought a response from the Union government. The Court has also appointed Senior Advocate N. Hariharan as Amicus Curiae to assist the court in the case.

In his petition, Dr. Jain, who appeared in person, urged the court to interpret Chapter V of the BNS, which deals with offences against women and children, to also include transgender women and transgender children so that they are afforded the same legal protection.

The petitioner has also challenged Section 18 of the Transgender Persons (Protection of Rights) Act, 2019, calling it grossly inadequate and unconstitutional. The section prescribes a maximum of two years’ imprisonment for any offence against a transgender person.

Dr. Jain has argued that such a provision fails to ensure proportionate punishment for grave offences like sexual assault, leaving transgender persons without effective legal recourse.

The plea states that excluding transgender persons from the definition of “victim” under the BNS violates Articles 14, 15 and 21 of the Constitution. It has urged the court to direct the government to frame gender-inclusive provisions or issue interim guidelines until legislative amendments are made.

“Despite landmark constitutional pronouncements in NALSA v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018), transgender persons continue to remain excluded from essential criminal protections extended to cisgender women, particularly in the domain of sexual offences, domestic violence, trafficking and workplace harassment,” the plea stated

It further pointed out that there is no comprehensive penal law to address systemic and identity-based violence faced by transgender persons, including sexual assault and custodial abuse. The petitioner has therefore sought binding interim guidelines and requested that the court recommend the framing of a dedicated penal statute on the lines of the SC/ST (Prevention of Atrocities) Act to address targeted crimes and discrimination against transgender and gender-diverse persons.

“It is common knowledge that the transgender community faces extreme discrimination in every aspect of social life, right from the time their gender-variant behaviour is first noticed,” the plea added. “They are ridiculed, disdained and exploited physically, mentally and sexually. Many are rejected by their own families in childhood, making them vulnerable to severe psychological distress.”

The matter will be heard next in December 2025.

Case Title: Dr. Chandresh Jain v. Union of India & Ors

Bench: Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela

Hearing Date: 8 October