Telangana Eunuchs Act

July 12, 2023

The Telangana High Court recently made a significant ruling on July 6, striking down the Telangana Eunuchs Act of 1919. The court found the Act to be unconstitutional, infringing upon the rights of transgender individuals and undermining their equality, privacy, and dignity.

Unconstitutional and Violating Transgender Rights

The Telangana High Court cited multiple constitutional violations in their decision to declare the Telangana Eunuchs Act unconstitutional. Specifically, the Act was found to contravene Article 14, which guarantees the right to equality, and Article 21, which protects the right to privacy and dignity. By imposing mandatory registration requirements on eunuchs and imposing restrictive measures on their attire and activities, the Act impinged upon their fundamental rights.

Origins and Provisions of the Telangana Eunuchs Act

Originally known as the Andhra Pradesh (Telangana Area) Eunuchs Act, the legislation was enacted in 1919 within the Hyderabad Nizam’s dominions. It primarily targeted individuals defined as “eunuchs,” encompassing those who self-identified as impotent or displayed impotence on medical inspection. The Act compelled eunuchs to register with authorities and provided provisions for their monitoring.

Transgender Activists’ Contentions

Activists challenging the Act argued that it perpetuated discrimination against the transgender community and relied on IPC Section 377, which criminalized homosexuality. With the Supreme Court’s landmark decision to read down Section 377 in 2018, the Act’s reference to unnatural offenses became outdated and inconsistent with evolving societal norms.

V.Vasanta Mogli vs. The State of Telangana

The Telangana High Court consolidated three related public interest litigations (PILs) into one case known as V. Vasanta Mogli vs. The State of Telangana. The initial PIL filed by transgender activist Vyjayanti Vasanta Mogli and others challenged the Act’s constitutionality and stigmatization of the eunuch and transgender community.

Comprehensive Policy and Transgender Welfare Boards

The second petition urged the Telangana Government to formulate a comprehensive policy safeguarding transgender people’s rights. This policy sought to ensure reservations in education and employment opportunities while advocating for the establishment of Transgender Welfare Boards, mirroring similar bodies in other states.

State’s Responsibility and Aasara Pension Scheme

Addressing the plight of transgender individuals during the COVID-19 pandemic, the third petition focused on securing welfare benefits and access to healthcare facilities. In response, the Telangana High Court directed the state government to provide pensions under the Aasara Pension Scheme to eligible transgender individuals, recognizing their vulnerability and disadvantaged status.

Role of Telangana State Legal Services Authority

To ensure effective implementation of transgender rights, the court suggested involving the Telangana State Legal Services Authority in the functioning of the State Welfare Board for transgender persons. This collaborative approach would enhance oversight, monitoring, and adherence to court directives and relevant schemes.

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