In short: The Bombay High Court held that a transgender woman who identifies as a woman can invoke Section 75 of the Bharatiya Nyaya Sanhita for protection against sexual harassment. The court rejected the argument that the law applies only to biological women and allowed the case to proceed to trial.
What happened?
On 3 November 2026, Justice Mehroz Pathan of the Bombay High Court’s Nagpur Bench refused to discharge Vishal Sunil Ingle, a 24‑year‑old Agniveer, after the complainant alleged sexual assault. The complainant, a transgender woman who identifies as a woman and has undergone hormone therapy, filed an FIR under Section 75 of the Bharatiya Nyaya Sanhita and Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019.
The court held that the complainant’s self‑identification as a woman is sufficient for Section 75 to apply, citing the Supreme Court’s NALSA v. Union of India judgment on gender identity. It also ruled that the later issuance of a certificate of identity under the Transgender Persons Act does not bar the complainant from seeking protection.
Legal implications
• Section 75 of the Bharatiya Nyaya Sanhita now clearly covers transgender women who identify as women. • The decision reinforces the principle of self‑determination in gender identity for the application of sexual harassment laws. • The case can now proceed to trial, with the accused facing potential criminal liability under Section 75 and Section 18(d) of the Transgender Persons Act.
Who is affected?
- Transgender women who identify as women and face sexual harassment.
- Law enforcement and courts handling sexual harassment complaints involving transgender individuals.
- Employers and institutions that must ensure policies align with the clarified legal scope.
What should readers do?
- If you are a transgender woman who has experienced sexual harassment, you can file a complaint under Section 75 of the Bharatiya Nyaya Sanhita.
- Lawyers and advocates should note the court’s emphasis on self‑identification when advising clients.
- Employers should review workplace harassment policies to ensure they are inclusive of transgender employees.
Frequently asked questions
Does Section 75 apply only to biological women?
No. The court ruled that a transgender woman who identifies as a woman is covered by Section 75.
What if the complainant did not have a certificate of identity at the time of the incident?
The court held that the absence of a certificate does not prevent the complainant from seeking protection under the Transgender Persons Act.
Will this decision affect future cases involving transgender individuals?
Yes, it sets a precedent that self‑identification is sufficient for the application of sexual harassment laws.
Sources
- The Hindu – Bombay High Court allows BNS Section 75 charge where complainant identifies as woman
- India Today – Sexual harassment law protects transgender women too: Bombay High Court