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MUMBAI: Bombay HC on Monday censured a sessions court judge’s order for making “uncalled for” observations against trans persons. While granting bail to a transgender person accused of harassing and abusing a devotee at Shri Vitthal Rukmini Mandir in Pandharpur, HC judge Madhav Jamdar said “transgenders are citizens of this country” and are protected under the right to life and liberty like all other citizens.
While denying bail, the sessions court had said, “It is well known that transgenders harass people, demanding money at public places, public functions, marriages, funerals and inaugurations.People walking on any street cannot escape confrontation with transgenders. Transgenders are getting bolder by the day, and rowdier and nastier. Safety of the public is at high risk at every public place because of transgenders. Therefore, fear or hatred for transgenders is not without a reason, for men it is worst (sic).” HC said the sessions court should not have in its order recorded this as it was neither required nor relevant to deciding the bail plea.
Additional sessions judge M B Lambe in the December 19, 2023, bail rejection order had also said, “The time has come when it is necessary to facilitate an investigation into such offences and courts should not ignore this aspect while considering the question of liberty of the accused”. He observed that such trans persons’ “rowdier and nastier acts” would affect devotees visiting the pilgrim town.
Justice Jamdar said “such stereotypical and generalising observations” on trans persons’ behaviour was “uncalled for”. “Article 21 of the Constitution protects the right to life and personal liberty of all citizens. The right to life includes the right to live with dignity. Therefore, the observations should not have been recorded,” he noted.
While denying bail, the sessions court had said, “It is well known that transgenders harass people, demanding money at public places, public functions, marriages, funerals and inaugurations.People walking on any street cannot escape confrontation with transgenders. Transgenders are getting bolder by the day, and rowdier and nastier. Safety of the public is at high risk at every public place because of transgenders. Therefore, fear or hatred for transgenders is not without a reason, for men it is worst (sic).” HC said the sessions court should not have in its order recorded this as it was neither required nor relevant to deciding the bail plea.
Additional sessions judge M B Lambe in the December 19, 2023, bail rejection order had also said, “The time has come when it is necessary to facilitate an investigation into such offences and courts should not ignore this aspect while considering the question of liberty of the accused”. He observed that such trans persons’ “rowdier and nastier acts” would affect devotees visiting the pilgrim town.
Justice Jamdar said “such stereotypical and generalising observations” on trans persons’ behaviour was “uncalled for”. “Article 21 of the Constitution protects the right to life and personal liberty of all citizens. The right to life includes the right to live with dignity. Therefore, the observations should not have been recorded,” he noted.
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