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On April 10, Pune Police issued an order effectively prohibiting the act of begging by the transgender community under Section 144 of the CrPC. To oppose these drastic measures, ‘Yes, We Exist’, an LGBTQl+ community organisation prepared an email template stating reasons for the opposition and the consequent potential harm to the community.
Within a day, this template was used by over 200 concerned Pune residents who have written to the Commissioner of Police regarding the issue.
The email further stated that Delhi High Court in the case of Harsh Mander vs Union of India, AlR 2018 Del 188 has held that laws banning begging are unconstitutional and that such measures are in violation of the right to equal protection of the law and the right to life and personal liberty.
In 2014, the Supreme Court gave its landmark judgment, awarding equal rights and legal recognition to the ‘third gender’ under the Indian constitution. The community is now seeking equal rights through the implementation of The Transgender Persons (Protection of Rights) Act, 2019.
“In a country like India, where Brahmins who have completed their ‘rite of passage’ ritual must ‘beg’ for alms, stating “bhavati bhiksham”, it is discriminatory to prohibit the transgender community from soliciting money at festivals, births and traffic intersections,” says Chayanika Shah, a member of LABIA Queer Feminist Collective. “The email was sent to the Police Commissioner. No one from his office has responded,” said Jeet, a member of Yes, We Exist.