Transgender Women Also Entitled to Protection Under Sexual Harassment Laws: Bombay High Court

The Nagpur Bench of the Bombay High Court, delivering a significant judgment, has stated that transgender women are also entitled to legal protection against sexual harassment. The court dismissed the argument of an accused man that this law does not apply to a transgender complainant.

According to a report by India Today, Justice Mehroz K. Pathan dismissed the application of a 24-year-old individual named Vishal Sunil Ingle. Ingle is an Agniveer in the Indian Army and had challenged the rejection of his discharge application. Through this order dated November 3, the court has allowed the case to proceed to trial.

In this case, the complainant alleged that in October 2025, Vishal Sunil Ingle sexually exploited them by giving false promises of marriage. According to a report by Bar and Bench, Ingle's lawyer argued that Section 75 of the Bharatiya Nyaya Sanhita (BNS), which relates to sexual harassment, applies only to a 'woman' (defined as a female human being) and not to a transgender complainant.

The court rejected this argument, relying on the Supreme Court's judgment in NALSA vs Union of India regarding gender identity. The court noted that a reading of the FIR reveals that the victim identified themselves as a woman, and this self-determination cannot be questioned when the accused seeks discharge. Furthermore, the court stated that the complainant had also undergone hormone treatment for their gender identity.

The defense also questioned the applicability of the Transgender Persons (Protection of Rights) Act, 2019, as the complainant received the identity certificate after the alleged incidents. However, the court ruled that they can obtain protection under this law despite the certificate being issued later.

The court found that sufficient material is available in the chargesheet to proceed against Ingle under Section 75 of the BNS and Section 18(d) of the Transgender Persons Act. Ingle claimed that the physical relations were consensual, but the court stated that this matter will be examined during the trial.