In a landmark decision, the Telangana High Court has deemed the Telangana Eunuchs Act, also known as the Andhra Pradesh (Telangana Areas) Eunuchs Act, 1919, illegal. The panel consisting of Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy declared the Act as discriminatory and an infringement upon the human rights of the transgender community.
The court’s ruling has far-reaching implications, emphasizing the need for equal treatment, dignity, and protection of transgender individuals in society.
Challenging Discrimination
The court’s decision came as a response to a public interest lawsuit (PIL) filed by Vyjayanthi Vasanta Mogli, who highlighted the Act’s discriminatory nature towards the transgender population.
Mogli argued that the Act unjustly criminalized the entire transgender community without providing any legal support. The judgment acknowledged the violation of the community’s rights, particularly the Right to Privacy and Right to Dignity, as enshrined in Article 21 of the Constitution of India.
Protection of Human Rights
The Telangana High Court panel, in its ruling, not only denounced the Act’s constitutional violations but also emphasized its arbitrariness and lack of justification. The judges recognized that the law not only infringed upon the rights of transgender individuals but also perpetuated their stigmatization and exclusion from society.
By criminalizing the entire transgender community, the Act fostered an environment of discrimination and marginalization, directly contradicting the principles of equality outlined in Article 14 of the Constitution.
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Reservations and Social Welfare
Following the court’s decision, the Telangana Government has been instructed to take concrete measures to rectify the injustices faced by the transgender community. One significant step is the implementation of reservations for transgender individuals in the education sector and government employment.
This affirmative action aims to ensure equal opportunities and representation for the community in various spheres of life.
Additionally, the court directed the state government to include transsexual persons in the Aasara program, a social welfare initiative. This program provides pensions to marginalized and vulnerable sections of society, ensuring economic security and support for individuals belonging to the transgender community.
The Telangana High Court’s ruling against the Telangana Eunuchs Act marks a significant milestone in the fight for transgender rights and equality in India. The court’s recognition of the Act’s infringement upon the human rights of transgender individuals, including their Right to Privacy and Right to Dignity, sets a precedent for upholding the principles enshrined in the Constitution.
By declaring the Act illegal, the court has taken a crucial step toward dismantling discrimination and promoting inclusivity. The decision paves the way for a more equitable society where transgender individuals can enjoy the same rights and opportunities as their cisgender counterparts.
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Feature image designed by Saudamini Seth
Sources: The Indian Express, LiveLaw, The Quint
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This post is tagged under: eunuchs act, telangana eunuchs act, illegal eunuchs act, human rights, social welfare
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