On July 6, Telangana High Court repealed the Telangana Eunuch Act of 1919. The Telangana High Court not only repealed the act but also called it unconstitutional. According to the Telangana High Court, the Telangana Eunuchs Act 1919 is an invasion of transgender privacy. Furthermore, according to the Supreme Court, the Act is actually an “attack on the dignity of transgender people”.
The jury consisted of Judge CV Bhaskar Reddy and Chief Justice Ujjal Bhuyan. According to Bench, the Act violated the equal rights, made clear in Article 14 of the Indian Constitution, as well as the right to privacy and dignity made clear in Article 21 of the Indian Constitution, of the transgender community. .
Telangana Eunuch Act- EXPLAINED
The Telangana Eunuchs Act was formerly known as the Andhra Pradesh Eunuchs Act. It was in the year 1919 that the Act was first enacted in the territory of the Hyderabad Nizam. The Act applied to the “eunuch” community. According to the Act, “eunuchs” included all those who were biologically male, but who accepted imposition. These also include those who appear helpless after medical examination.
According to the Act, all eunuchs were required to register with the authorities. Such registration includes sharing of data such as place of residence and more. This is because they are “reasonably suspicious” of kidnapping or abducting boys or committing unnatural crimes.
The Act also authorized the arrest of eunuchs without a warrant and their imprisonment for a period of two years in case they were seen wearing women’s clothing, participating in public entertainment in any public place or at There are transgender people. seen with a boy not yet sixteen years old.
The Act has been challenged on the argument that it is simply an “outdated law”. According to activists, Section 377 of the Indian Penal Code refers to the term “unnatural offence”.
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Case at hand
The matter came to light with the case V. Vasanta Mogli v. State of Telangana. In the case, three identical public interest litigations were consolidated and heard by common judgment on Thursday, July 6.
In 2018, Vyjayanti Vasanta Mogli, a transgender activist along with others filed a petition claiming that the law was “unconstitutional and discriminatory”. According to the petition, the law discriminated against the transgender community and eunuchs. The Telangana High Court, in its order, said that no prosecution or arrest would be made under the Act.
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Source: pagasa.edu.vn