Bombay: While granting bail to a transgender person, the Bombay High Court raised objections regarding the conduct of a sessions court for making unwarranted, stereotypical observations against transgender persons.
The allegation against the applicant who is a transgender is that they had harassed and abused one devotee in the premises of the Shri Vitthal-Rukmini Mandir, Pandharpur. The allegation also included that of demanding money, assault and of forcible disrobing. When an application for bail was filed before the sessions court, three paragraphs were made in the December 19 order, revealing certain problematic statements.
The crux of which is - it was "well known" that transgender persons "harass" people and that trans persons were getting "bolder, rowdier and nastier."
Before the High Court, the counsel appearing for the Applicant has pointed out Paragraph Nos. 19 to 21 of the Order passed by the Additional Sessions Judge, Pandharpur where the unmerited and unnecessary observations were recorded.
The APP, appearing for the State also stated that such observations should not to have been recorded.
Justice Madhav Jamdar condemned these comments by the sessions court and said that such remarks uncalled for. Because, transgender persons are also citizens of the country and therefore, are entitled to Right to life and personal liberty.
Such stereotypical and generalising observations regarding the behaviour of the transgenders is uncalled for. Transgenders are citizens of this country. Article 21 of the Constitution of India protects the right to life and personal liberty of all citizens. The right to life includes right to live with dignity. Therefore, the observations which are recorded of the impugned Order should not have been recorded and are not required or material for consideration of a Bail Application.
With this, the Court granted bail to the applicant observing that the investigation was complete and the trial was unlikely to conclude any time soon.
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