Difficulties in filing the FIR by LGBTQ+ Persons

Last updated on Apr 8, 2022

If the police officer refuses to file an FIR or harasses you because of your sexual orientation or gender identity, then you can take the steps below:

  • Write a written complaint to the Superintendent of Police (SP) in writing. The SP may conduct the investigation himself or order his subordinate police officers to carry it out.
  • Take the help of a lawyer while going to the police station. This is useful as lawyers will be able to advocate on your behalf and the possibility of harassment you may face from police officers will be less.
  • Go to another police station nearby to file the FIR. This is known as Zero FIR where an FIR can be filed at any police station and the police officers have to mandatory record the information provided, and then transfer it to the police station in whose area/jurisdiction the offense took place.
  • Request someone else to file the FIR on your behalf. You can give this person details of the violence/harassment that you have faced.
  • Approach the District/Judicial Magistrate directly to file a ‘private complaint’, but only after going to the police.

Approach other complaint forums like the National/State Human Rights Commission, National/State Women’s Commission who will not only assist you in approaching the police, but also look into the incident of violence/harassment themselves.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Love and Relationships for LGBTQ+

Anyone above the age of 18, has the right to love and have consensual sexual relationships with anyone that they wish to irrespective of their sexual orientation or gender identity.
Crimes and Violence

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Are Live In Relationships covered under Domestic Violence law?

You are in a live-in-relationship if you cohabit, i.e.  share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household.
Crimes and Violence

What are the rights of LGBTQ+ persons with respect to mental health?

Being an LGBTQ+ person does not make someone mentally ill. However, in India, an LGBTQ+ have some rights with respect to mental health.

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.
Crimes and Violence

What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?

LGBTQ+ persons may face harassment or discrimination by medical personnel and a person can take appropriate action in such cases.