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This is an archive article published on July 10, 2023
Telangana HC strikes down Eunuchs Act, says it ‘criminalises entire transgender community’
The bench comprising Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy observed that the Telangana Eunuchs Act violated the human rights of the third-gender community.
The bench observed that the law violated the human rights of the third-gender community. (Representational Photo/File)
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Telangana HC strikes down Eunuchs Act, says it ‘criminalises entire transgender community’
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Declaring the Telangana Eunuchs Act unconstitutional and pointing out that it “criminalises the entire transgender community”, a bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy struck it down last week.
The order was issued following a public interest litigation (PIL) filed by Vyjayanthi Vasanta Mogli who contended that the Act was discriminatory towards the transgender community without any evidence or legal basis.
The bench observed that the law violated the human rights of the third-gender community. “The law is offensive to the Right to Privacy and Right to Dignity of transgender persons, and it not only violates Article 14 but also Article 21 of the Constitution of India,” it added. While Article 14 pertains to equality, Article 21 declares that no person shall be deprived of his life or personal liberty.
The judges said such a law should not exist anymore. “The legislation is not only arbitrary and unreasonable but also criminalises the entire transgender community,” the bench observed.
As per the Telangana Eunuchs Act, earlier known as the Andhra Pradesh (Telangana Areas) Eunuchs Act, 1919, transgender people were forced to register themselves with the authorities as they were suspected of kidnapping children.
Striking down the Act, the high court bench directed the Telangana Government to provide reservation to those from the transgender community in the education sector as well as in government employment. It also directed the state government to provide pension to transgender people under the Aasara scheme.
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