TELANGANA EUNUCHS ACT
1. Context
2. Telangana Eunuchs Act (1919)
The Telangana Eunuchs Act, 1329 F., was a law in the Indian state of Telangana that criminalized transgender people and forced them to register with the authorities. The Act was passed in 1919, and it was struck down by the Telangana High Court in 2022.
The Act defined "eunuch" as "all persons of the male sex who admit to be impotent or who clearly appear to be impotent on medical inspection." It required all eunuchs to register with the authorities, and it imposed penalties on eunuchs who were found in female clothing, who were found in the company of a boy under the age of 16, or who were suspected of kidnapping or emasculating boys.
The Act was challenged in court by Vyjayanthi Vasanta Mogli, a transgender rights activist. The court found that the Act was discriminatory and violated the human rights of transgender people. The court also found that the Act was outdated and no longer relevant in the 21st century.
The striking down of the Telangana Eunuchs Act was a major victory for the transgender community in India. It was a recognition that transgender people are entitled to the same rights and protections as everyone else. The Act's repeal is a step towards a more inclusive and just society for transgender people in India.
Here are some of the key provisions of the Telangana Eunuchs Act:
- All eunuchs were required to register with the authorities.
- Eunuchs were prohibited from dressing in female clothing.
- Eunuchs were prohibited from being in the company of a boy under the age of 16.
- Eunuchs were prohibited from kidnapping or emasculating boys.
- Eunuchs who violated the Act could be imprisoned for up to two years or fined.
The Telangana Eunuchs Act was a discriminatory and outdated law that violated the human rights of transgender people. Its repeal is a major victory for the transgender community in India.
2. Telangana Eunuchs Act PILs
- Three PILs Heard: The Telangana High Court heard three related PILs collectively and issued a common ruling on July 6.
- Suspension of Arrests: The High Court ordered that no arrests or prosecutions would be carried out under the Telangana Eunuchs Act while admitting the first PIL.
- Formulation of Comprehensive Policy: The second petition sought directions to the Telangana Government to formulate a comprehensive policy safeguarding transgender rights, including provisions for education and employment reservations. It also aimed to establish Transgender Welfare Boards.
- Relief during Covid-19: The third PIL requested relief for transgender individuals during the COVID-19 pandemic, including access to rations and healthcare facilities. It also sought the extension of benefits from the state's Aasara Scheme, which provides a monthly pension to vulnerable sections of society, transgender individuals.
- Aasara Scheme: The Aasara Scheme, launched in 2014, offers a monthly pension to vulnerable groups, and the amount was revised to Rs 2,016 in 2019.
- Focus on Transgender Rights: The PILs aimed to address the discriminatory aspects of the Telangana Eunuchs Act, secure transgender rights through policy formulation, and provide necessary relief during the pandemic.
5. Telangana Government's Stance
- The Telangana government argued that the 2019 Act enacted by the Central government was the first statutory enactment for the welfare of the transgender community. However, it contended that the Act did not address specific offenses attributed to them, such as kidnapping, emasculating boys, or committing unnatural offenses.
- The government claimed that the Telangana Eunuchs Act under challenge governed and addressed the offenses mentioned above, filling the gap left by the 2019 Act.
- The government sought the dismissal of the plea, asserting that the 2019 Act addressed discrimination against the transgender community adequately.
- The Telangana High Court, comprising Chief Justice Bhuyan and Justice Reddy, struck down the Telangana Eunuchs Act, stating that it violated Article 14 (right to equality) and Article 21 (right to protection of life and personal liberty).
- The court observed that the Act's definition of eunuch contradicted the definition of transgender persons under the Transgender Persons Act of 2019 and the interpretation given by the Supreme Court.
- The court found similarities between the Telangana Eunuchs Act and Part II of the Criminal Tribes Act, of 1871, which criminalized certain tribal groups. Both laws required the maintenance of a register with details of eunuchs or tribal groups.
- While the British-era Criminal Tribes Act was frequently amended and eventually revoked, the Telangana law remained unchanged.
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For Prelims: Telangana Eunuchs Act of 1919, Transgender people, Article 14 (right to equality), Article 21 (right to protection of life and personal liberty), Section 377, Public Interest Litigation (PIL), National Legal Services Authority (NALSA).
For Mains: 1. Discuss the recent Telangana High Court rulings on transgender rights, highlighting the directives related to pension provision, reservation, and the establishment of a State Welfare Board. (250 words).
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