MUMBAI: The Bombay high court on Monday censured a sessions court judge’s order for making “uncalled for” observations against trans persons. While granting bail to a transgender person who was accused of harassing and abusing a devotee at Shri Vitthal Rukmini Mandir in Pandharpur, Justice Madhav Jamdar of the HC said “transgenders are citizens of this country” and are protected under the right to life and liberty like all citizens.
While denying bail, the sessions court had said, “It is well known that transgenders harass people, demanding money at public places, public functions, marriages, funerals and inaugurations. People walking on any street cannot escape confrontation with the transgenders. Transgenders are getting bolder by the day and rowdier and nastier. The safety of the public is at high risk at every public place because of transgenders. Therefore, fear or hatred for transgenders is not without a reason, for men it is worst (sic).” The HC said the sessions court should not have in its order recorded this as it was neither required nor relevant to deciding the bail plea.
In the December 19, 2023, bail rejection order, the additional sessions judge, M B Lambe, had also said, “The time has come when it is necessary to facilitate an investigation into such offences and courts should not ignore this aspect while considering the question of liberty of the accused”. He observed that such trans persons’ “rowdier and nastier acts” would affect devotees visiting the pilgrimage town of Pandharpur.
Justice Jamdar said “such stereotypical and generalising observations” on trans persons’ behaviour was “uncalled for”. “Article 21 of the Constitution 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 should not have been recorded,” he noted. The prosecutor also said the sessions court should not have recorded such observations.
The allegation against the accused, J M Prasadavi, included demanding money, assault and “forcible disrobing”. But the HC said while the chargesheet has not yet been filed, the probe is complete and the trial will take time. Noting that she was not a flight risk, the HC granted her bail on a Rs 5,000 personal recognisance bond.
The informant was a serving assistant police inspector, who said when he went to handle a complaint made by a devotee of several trans persons harassing him, even he was assaulted and prevented from doing his official duty. The allegations included that of demands for money, assault by a co-accused and “forcible disrobing” of the informant by another co-accused. The accused, who was arrested on December 4, 2023, said she had not committed any of the offences.
