In a significant ruling, the Bombay High Court, led by Justice Madhav Jamdar, has strongly criticized the stereotypical comments made by a Sessions Judge in Pandharpur against transgender persons. The Sessions Court had previously stated in a bail rejection order dated December 19 that transgender individuals are “well known” for “harassing” people and described them as becoming “bolder, rowdier, and nastier.” These remarks, spanning three paragraphs, have now been condemned by the High Court.
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Justice Jamdar, in his ruling, emphasized that such stereotypical and generalized observations about the behavior of transgender individuals are entirely unwarranted. He highlighted that transgender persons, like all citizens, are protected under the Constitution of India. Specifically, Article 21 of the Constitution safeguards the right to life and personal liberty for all citizens, which inherently includes the right to live with dignity.
The High Court’s order pointedly stated,
“Such stereotypical and generalizing observations regarding the behavior 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 the right to live with dignity. Therefore, the observations which are recorded in Paragraph Nos. 19 to 21 of the impugned Order should not have been recorded and are not required or material for consideration of a Bail Application.”
Jyoti Manjappa Prasadavi, the bail applicant, faced allegations of harassing and abusing a visitor at the Vitthal-Rukmini Mandir in Pandharpur. Additionally, she was accused of demanding money, assault, and forcibly removing someone’s clothes. Following the rejection of her bail plea by a sessions court in Pandharpur, Prasadavi sought relief from the High Court. In the High Court, Prasadavi’s legal representative emphasized that although the chargesheet had not yet been filed, the investigation into the case had been completed.
Justice Madhav Jamdar acknowledged the validity of these points. He noted that with the investigation concluded and the trial not expected to end soon, there was merit in considering these arguments.
On December 3, 2023, Prasadavi was booked for her alleged acts under various provisions of the Indian Penal Code and Maharashtra Police Act. And therefore, Prasadavi was granted bail on furnishing a bail bond of ₹5,000.
This ruling marks a significant step in the judicial recognition of the rights and dignities of transgender persons in India. It serves as a reminder of the constitutional protections afforded to all citizens, irrespective of their gender identity, and underscores the need for sensitivity and respect in judicial pronouncements.
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