Bombay HC takes cognisance of PIL seeking fundamental rights for the oppressed transgender community.
Transgender people also have the right to justice and can lodge a complaint with the police if anyone insults or humiliates them, observed the Bombay high court on Tuesday.
A division bench of chief justice Mohit Shah and justice Roshan Dalvi was hearing a interest litigation (PIL) filed by city NGO Salvation of Oppressed Eunuchs seeking fundamental rights for the oppressed community.
Dalvi said, “You are equal under law. If an offence has been committed against you, then you can access your rights and approach the police. If the police refuse to take action then you can approach the court with your grievance.”
The PIL also sought amendment to sections 375 (rape) and 377(unnatural sex) of the Indian Penal Code (IPC) to include eunuchs in the definition of ‘rape’.
Additional government pleader GW Mattos and advocate for the Union government Rui Rodrigues sought time to take instructions and file a reply. The court has adjourned the matter till March 3.
Mattos told the court that the central government was contemplating the amendment to the IPC.
“In every other country, eunuchs have been included in the third category — transgender. But in India, there are only two categories — male and female. It is humiliating when they are addressed as ‘chhakka’ and ‘hijra’ here,” said NGO member Piyush Saxena.
“The atrocities and crimes committed against eunuchs should be taken seriously and the culprits should be punished. Even passing derogatory remarks should be punishable under law,” the PIL states.
The PIL has sought that appropriate authorities should be directed to ensure that the oppressive living conditions of eunuchs are ended and that they are allowed to exercise the fundamental rights.
The NGO has also sought the right to create voter ID cards for eunuchs.
It has demanded that the community be treated as a minority and the laws applicable to communities such as the scheduled castes and scheduled tribes made applicable to it also.
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