In a significant ruling, the Bombay High Court has recognised that transgender women can seek legal protection under laws meant to protect women. The court also said that a person’s gender identity cannot be questioned simply because an official identity certificate was issued later.
Akansha singh, Bhopal: The Bombay High Court’s Nagpur Bench has delivered an important observation on transgender rights and legal protection against sexual harassment. In an order passed on November 3, 2026, the court rejected an accused man’s plea seeking discharge from a criminal case involving a transgender woman. The court held that legal protection under Section 75 of the Bharatiya Nyaya Sanhita (BNS) can also apply when the complainant is a transgender person who identifies as a woman.
A Promise of Marriage That Led to a Legal Battle
The case involves Vishal Sunil Ingle, a 24-year-old Agniveer serving in the Indian Army. A transgender woman had accused him of sexually assaulting her on the false promise of marriage. The alleged incidents took place on October 28 and 30, 2025. Following the complaint, police registered a case under relevant provisions of the BNS and the Transgender Persons (Protection of Rights) Act, 2019.
Can a Transgender Woman Receive Protection Under Women’s Laws?
During the hearing, the accused man’s lawyer argued that Section 75 of the BNS applies to women and should not cover a transgender complainant. However, the court rejected this argument at the stage of considering the discharge application. Justice Mehroz K. Pathan observed that the complainant identifies herself as a woman and that her self-determined gender identity cannot be questioned at this stage. The court also referred to the Supreme Court’s landmark NALSA judgment, which recognised the right to self-identify one’s gender.
No Identity Certificate? That Does Not Mean No Legal Protection
Another important issue was the complainant’s transgender identity certificate, which was issued on February 12, 2026, after the alleged incidents. The defence argued that the protection under the Transgender Persons Act could not apply without an earlier certificate. The High Court rejected this argument, explaining that the absence of an identity certificate at the time of the alleged incident does not automatically prevent legal action under the Act.
Court Refuses to Close the Case, Trial to Continue
The court found sufficient material in the chargesheet to proceed against the accused under Section 75 of the BNS and Section 18(d) of the Transgender Persons Act. It also clarified that questions about whether the relationship was consensual would be examined during the trial. The ruling does not declare the accused guilty.
A Significant Step Towards Equal Legal Protection
The ruling highlights that transgender individuals should not be denied legal protection because of their gender identity or delays in official documentation. It reinforces the importance of dignity, equality and the right to seek justice for every individual.