Keywords: Strikes Down, Outdated Eunuchs, Act as Unconstitutional
In a landmark ruling, the Telangana High Court has declared the Telangana Eunuchs Act, 1329 Fasli, as ultra vires the Constitution of India and struck it down as unconstitutional. The Act, which was first enacted in 1919, mandated the registration of eunuchs residing in Hyderabad and imposed discriminatory provisions on the transgender community.
Three Public Interest Litigations (PIL) filed in 2018 argued that the Act was outdated and unfairly criminalized the transgender community without legal justification. The petitioners also called for a comprehensive policy, a Transgender Welfare Board, reservation in education and employment, access to healthcare, separate toilets, a pension scheme, and free rations for transgender persons.
Responding to the prayers to strike down the Act, authorities contended that the Central Act, the Transgender Persons (Protection of Rights) Act, 2019, focused primarily on welfare measures and did not address specific offenses committed by transgender individuals.
The court, comprising Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy, acknowledged the existing laws protecting transgender rights but emphasized the need for proactive measures. They held that until appropriate legislation is enacted, both the State and Central Governments can issue administrative instructions to provide reservation in public employment and educational institutions for transgender persons.
Highlighting the marginalized status of the transgender community, the court directed the Telangana Government to extend the benefits of the Aasara Pension Scheme to transgender individuals, who were previously excluded.
Addressing the constitutionality of the Eunuchs Act, the bench noted its violation of the human rights and dignity of the transgender community. They declared the Act unconstitutional, citing violations of Article 14 and Article 21 of the Indian Constitution.
This significant ruling marks a step towards achieving equality and justice for the transgender community in Telangana. It highlights the need for comprehensive legislation and proactive actions to protect and uplift transgender persons in the state.[1]
Written by- Jaydeep Ramani, College name – Veer Narmad South Gujarat University , Semester- 7 an intern under Legal Vidhiya
[1] https://lawbeat.in/news-updates/violative-human-rights-third-gender-community-telangana-high-court-declares-eunuchs-act-unconstitutional#:~:text=%22It%20is%20not%20only%20violative,unconstitutional%2C%22%20observed%20the%20bench.
