Fact of the Case
In the case of V. Vasanta Mogli v. State of Telangana In 1919, the Telangana Eunuchs Act, also known as 1329 Fasli, was passed to safeguard transgender people in the state of Telangana. A registration of eunuchs suspected of abduction, emasculation, or other unnatural acts was mandated by the Act. It permitted the detention of transsexual people without a warrant and provided penalties for those who were seen performing in public or wearing feminine attire. The petitioners said that the Act was antiquated, out-of-date, and discriminatory since it unfairly singled out the transgender population. Additionally, they asserted that the Act violated Articles 14 and 15(1), as well as Articles 19(1) and 21 of the Constitution. The Public Interest Litigation and two related petitions were filed to contest the statute. The PIL asked for payment of a three-month social security pension under the Aasara Pension Scheme as well as instructions to the State to provide reservations for transgender people in educational institutions and public jobs.
Analysis of Court Decision
The Telangana Eunuchs Act, according to a Division Bench of the Telangana High Court’s Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy, violates the human rights of the third gender group and invades their privacy while also undermining their dignity. Thus, it was disrespectful to both transgender people’s right to privacy and their dignity. Furthermore, it was blatantly against Article 21 of the Constitution in addition to Article 14 of the Constitution. As a result, the Court determined that such a law could no longer be included in our statute book and was therefore ruled unconstitutional.
Recommendation and Suggestion
The Telangana Eunuchs Act, 1329 Fasli was deemed invalid by the court, and transgender people are now eligible for the benefits of the Aasara Pension Scheme. To implement racial preferences in hiring for government and public services as well as admission to educational institutions, the State of Telangana was given the authority to issue executive orders and administrative directives. Telangana State’s State Welfare Board for transgender people would co-opt the Member Secretary of the Telangana State Legal Services Authority as a permanent member with a set term. The Transgender Persons Protection of Rights Act of 2019 and the Transgender Persons Protection of Rights Rules of 2020 will be properly implemented, and the Board will be keeping an eye on the government’s efforts to advance the transgender community.
CASE NAME – V. Vasanta Mogli v. State of Telangana, WP (PIL) No. 44/18