On July 6, the Telangana High Court repealed the Telangana Eunuchs Act, of 1919. The Telangana High Court not only struck it down but also called it unconstitutional. According to the Telangana High Court, the Telangana Eunuchs Act, of 1919 was an intrusion into the private sphere of the transgender population. Moreover, as per the High Court, the Act was actually an "assault on the dignity of transgender people."
The Bench consisted of Justice CV Bhaskar Reddy and Chief Justice Ujjal Bhuyan. According to the Bench, the Act was violating the right to equality, elucidated in Article 14 of the Constitution of India, and the right to privacy and dignity elucidated in Article 21 of the Constitution of India, of the transgender community.
The Telangana Eunuchs Act- EXPLAINED
The Telangana Eunuchs Act was earlier called the Andhra Pradesh Eunuchs Act. It was in the year 1919 that the Act was first enacted in the Hyderabad Nizam's dominions. The Act was applicable to the community of "eunuchs". As per the Act, "eunuchs" consisted of all the persons who are biologically of the male sex, but who accept to imponent. These also consisted of people who appeared to be impotent after medical inspection.
According to the Act, it was mandatory for all the eunuchs to register with the authorities. Such a registration included sharing of data like the place of residence and more. This is because they were "reasonably suspected" of abducting or kidnapping boys, or of committing offenses that are unnatural.
The Act also allowed for the arrest of eunuch people sans a warrant and imprison them for a term of two years in case they were seen in female clothing, taking part in public entertainment in any public place, or at a place where a transgender person is seen in the company of a boy younger than sixteen years of age.
The Act was challenged with the contention that it was simply an "outdated legislation". According to activists, Section 377 of the Indian Penal Code refers to the term "unnatural offenses".
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The case at hand
The issue came to light with the case of V. Vasanta Mogli v. The State of Telangana. In the case, three identical Public Interest Litigations were consolidated and heard by a common ruling on Thursday, July 6.
In the year 2018, Vyjayanti Vasanta Mogli, a transgender activist, along with others, filed petitions that said that the law was "unconstitutional and discriminatory". As per the petitions, the law stigmatized the transgender and eunuch community. The Telangana High Court, in its order, said that no prosecution or arrest would be carried out under the Act.
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