If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity.1 Since there are only three recognized categories2 under the law which are ‘male’, ‘female’ and ‘third gender’ (transgender persons), the laws that apply to you also depend on which category you fall under.
It will be helpful for you if you know what laws can help you while filing an FIR. You can take the help of lawyers and NGOs so that you do not face harassment by police officers.
The question of whether or not you can file a complaint under the law will be dependent on the type of violence you have faced:
Sexual Violence may be of various kinds like rape or sexual crimes such as inappropriate touching, stalking etc. As per the law, you can only file a complaint with the police if you are a woman. Even though trans women, regardless of whether they have had a gender affirming surgery or not, have a right3 to file an FIR, if you face any trouble while registering your FIR, it is better to take the help of a lawyer to prevent any harassment or violence by the police. Men or trans men cannot be victims of sexual violence under the law, so the alternative for you is to file an FIR with the laws on physical violence as explained below.
If you have been injured or hurt or someone has locked you up or physically prevents you from carrying on your day-to-day activities, then you can file an FIR against your harasser if you are a man, woman or transgender person.
You can complain against any form of online harassment and violence which may be sexual, psychological or computer related crimes such as hacking, impersonation etc. if you are a man, woman or transgender person.
- It is the intrinsic sense of being a male, female, transgender or trans sexual person.
- Navtej and NALSA
- NALSA 55,112, Anamika v. Union of India, WP (CRL) 2537/2018.