'Offensive, arbitrary': Telangana HC declares Eunuchs Act unconstitutional

The high court bench observed that the Telangana Eunuchs Act violated the human rights of the third-gender community

Declaring the Telangana Eunuchs Act "unconstitutional" and pointing out that it “criminalises the entire transgender community”, a bench of the Telangana High Court comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy struck it down last week (July 6), reported LiveLaw.

The order was issued in response to a public interest litigation (PIL) filed by Vyjayanthi Vasanta Mogli, who claimed that the Act was discriminatory against the transgender community and lacked evidence or legal support.

The bench observed that the law violated the human rights of the third-gender community. 

“The law is offensive to the Right to Privacy and Right to Dignity of transgender persons, and it not only violates Article 14 but also Article 21 of the Constitution of India,” it added. 

While Article 14 pertains to equality, Article 21 declares that no person shall be deprived of his life or personal liberty.

The judges ruled that such a law should be repealed. "The legislation is not only arbitrary and unreasonable, but it also criminalises the entire transgender community," the bench observed.

As per the Telangana Eunuchs Act, earlier known as the Andhra Pradesh (Telangana Areas) Eunuchs Act, 1919, transgender people were forced to register themselves with the authorities as they were suspected of kidnapping children.

Striking down the Act, the high court bench also directed the Telangana government to provide reservations to members of the transgender community in the education and government employment sectors.

It also directed the state government to provide pensions to transgender people through the Aasara scheme.