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The transgender was booked by the Pandharpur City Police Station under the Indian Penal Code for allegedly harassing and abusing a devotee of the Vithal Rukmini Temple at Pandharpur
The Bombay High Court recently stated that the observation made by the trial court, referring to transgenders as rowdy and nasty, while rejecting the bail application, was uncalled for.
A single judge bench of Justice Madhav Jamdar, in its order, recorded that the observations made by the trial court were stereotypical and uncalled for.
"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," the order reads.
The transgender was booked by the Pandharpur City Police Station under the Indian Penal Code for allegedly harassing and abusing a devotee of the Vithal Rukmini Temple at Pandharpur.
It was alleged that the transgender demanded money from the devotee and attempted to forcefully disrobe them.
The trail court while rejecting the bail application of the transgender had recorded that day by day the transgenders are becoming bold, nastier, and rowdier.
"It is well known that transgenders harass the people demanding money at public places, public functions, marriages, funeral and inaugurations. The people walking on any street cannot escape confrontation with the transgenders. The transgenders are getting bolder by the day and rowdier and nastier. A physical touch they do which is bothersome. They try to block ways of the people and try to snatch money or purses that too getting close physically which is intimidating," Additional Judge MB Lambe said.
Advocate Ravi Asabe, representing the transgender, submitted to the court that the observation was uncalled for.
Additional Public Prosecutor Anamika Malhotra concurred, stating that the trial court should not have recorded such observations.
In its order granting bail to the transgender, the high court mentioned that the chargesheet was yet to be filed, and the investigation was completed.
The bench also noted that the trial was not expected to conclude anytime soon, and the accused was not considered a flight risk.
Case title: Jyoti Manjappa Prasadavi vs State of Maharashtra
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