In a landmark decision this summer, the Telangana High Court in India put an end to a five-year legal battle by striking down the Telangana Eunuchs Act of 1919, a draconian piece of legislation that deeply impacted the lives of transgender individuals. This ruling was a significant victory for the LGBTQ community, as it deemed the century-old act “unconstitutional” and an intrusion into the private lives of transgender people.
The Telangana Eunuchs Act and its Impact
The Telangana Eunuchs Act, originally known as the Andhra Pradesh (Telangana Area) Eunuchs Act, was enacted by British colonizers over a century ago. It required all transgender individuals to register personal information, including their home address, with authorities. The act unfairly labeled transgender people as “eunuchs” and subjected them to unwarranted suspicion of crimes such as kidnapping, emasculation, and unnatural offenses. Vyjayanti Vasanta Mogli, a prominent Indian trans activist, described it as a law based on harmful assumptions, giving sweeping powers to the police to arrest transgender individuals without a warrant.
This legislation had far-reaching consequences, as transgender individuals found themselves treated as criminals whenever they sought assistance from the police. The act assumed guilt when a complaint was made against a transgender person while disregarding complaints made by transgender individuals themselves, leading to systemic discrimination.
The V. Vasanta Mogli vs. the State of Telangana Case
In 2018, Vyjayanti Vasanta Mogli and others filed petitions challenging the Telangana Eunuchs Act, citing violations of transgender rights under India’s constitution. The Telangana High Court responded by ordering a suspension of arrests and prosecutions under the Act while considering public interest litigations (PILs). In the case of V. Vasanta Mogli vs. the State of Telangana, the Court was tasked with formulating a comprehensive policy to protect the rights of transgender individuals and establishing Transgender Welfare Boards, similar to those in West Bengal and Maharashtra. The petitioners also sought COVID-19 relief for trans people, including access to rations and health facilities, as well as an extension of a 2014 scheme providing a monthly pension to India’s “most vulnerable” citizens.
The Telangana High Court’s Ruling
The Telangana High Court ruled that the Telangana Eunuchs Act violated Article 14, which safeguards the right to equality, and Article 21, ensuring the right to protection of life and personal liberty. Consequently, the court struck down the law due to its unjust criminalization of the entire transgender community and its adverse impact on their daily lives.
Furthermore, the court ordered that transgender individuals below the poverty line, especially those who are working-class and meet specific income criteria, should receive state aid in the form of pensions, offering some semblance of basic financial support, though modest. Additionally, the government of Telangana was directed to create a comprehensive policy to reserve seats for transgender individuals in various educational and employment sectors, aiming to facilitate access to education and employment opportunities through affirmative action.
While the pension amount may be insufficient for urban areas, Vyjayanti Vasanta Mogli remains hopeful that it will provide vital assistance to those in rural villages. This ruling not only dismantled an archaic law but also represented a significant step toward securing rights and opportunities for India’s transgender community.