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Rights of LGBTQ+ Persons While Being Arrested

Last updated on Sep 26, 2022

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law:

Ask police to identify themselves

You can ask the police to identify themselves by showing accurate, visible and clear identification along with name tags which state their designations.

Ask for the reasons for arrest

Even if the police do not need a warrant to arrest you, it is your right to know why you are being arrested and it is the duty of police officers to tell you why.

Ask the police to Inform your family and friends

When you are being arrested, before taking you away to the police station, you can choose any family member or friend to whom the police must inform about your arrest and where you are being detained. The police have a duty to inform your family or friends about your arrest. They have to  record the details of this person as an entry in the police diary and Arrest Memo.1

Ask for a lawyer

You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you.

Ask for medical check-up

  • Police officers have a responsibility to conduct a medical examination every 48 hours if you are in their custody.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor.

This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.

  1. Joginder Kumar v. State of Uttar Pradesh (1994) 2 Crimes 106 (SC).[↩]

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