Memorial On Behalf of Appellant

NATIONAL LEGAL SERVICES AUTHORITY …… PETITIONER(S)

VERSUS

UNION OF INDIA AND OTHERS ……. RESPONDENT(S)

Petition (Civil) No. 400/2012

Sayali Nazirkar
LLB – III
Roll No. 43

Counsel on behalf of the Petitioner, National Legal Services Authority

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 Memorial On Behalf of Appellant

TABLE OF CONTENTS

S.No. Contents Page No.

1. Vakalatnama 3
2. List of Abbreviations 4
3. List of Sources 5
4. Jurisdiction 6
5. Statement of Relevant Facts 7
6. Statement of Issues 8
7. Summary of Contentions 9
8. Detailed Contentions 10
9. Prayer 20

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 Memorial On Behalf of Appellant

VAKALATNAMA

IN THE SUPREME COURT OF INDIA

CIVIL JURISDICTION
Civil Writ Petition No. 400 of 2012

NATIONAL LEGAL SERVICES AUTHORITY ……Petitioner(s)

VERSUS

UNION OF INDIA ……Respondent(s)

We, National Legal Services Authority, the Petitioner(s) in the above Petition
do hereby appoint and retain Adv. Muskan Chawla and Adv. Sayali Nazirkar,
Supreme Court, to act and appear for us in the above Petition and on our behalf to
conduct and prosecute (or defend) the same and all proceedings that may be taken in
respect of any application connected with the same or any decree or order passed
therein, and to file and obtain return of documents, and to represent us and to take all
necessary steps on our behalf in the above matter. We agree to ratify all acts done by
the aforesaid Advocates in pursuance of this Authority.

Dated this …………………day of………………..20………….

Petitioner(s)

Accepted

Advocates on behalf of National Legal Services Authority

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 Memorial On Behalf of Appellant

LIST OF ABBREVIATIONS

⮚
“Petitioner(s)” : National Legal Services Authority

⮚
“Appellant” : National Legal Services Authority

⮚
“Respondents(s)” : Union of India

⮚
: Transgender
“TG”

⮚
“&” : And

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 Memorial On Behalf of Appellant

LIST OF SOURCES
Book(s):

1) Indian Constitution Law – Prof. M. P. Jain

Revised by Ruma Pal (Former Judge Supreme Court of India) & Samraditya
Pal (Senior Advocate) – 6th edition 2010

Websites:

1) https://indiankanoon.org/doc/193543132/

2) http://www.equalrightstrust.org/ertdocumentbank/NLSA%20v%20Union
%20of%20India.pdf

3) https://blog.ipleaders.in/national-legal-services-authority-v-uoi/

4) https://globalfreedomofexpression.columbia.edu/cases/national-legal-services-
authority-v-union-of-india/

5) http://yogyakartaprinciples.org/principles-en/about-the-yogyakarta-principles/

6) https://en.wikipedia.org/wiki/Yogyakarta_Principles

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 Memorial On Behalf of Appellant

7) https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-
and-promoting-un-treaties/international-covenant-civil-and

8) https://en.wikipedia.org/wiki/
International_Covenant_on_Civil_and_Political_Rights

STATEMENT OF JURISDICTION

The Appellant has approached the Hon’ble Supreme Court under Article 32 of the

Constitution of India.

It states as follows-

Article 32: Remedies for enforcement of Rights –

(1) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clause (1) and
(2), Parliament may by law empower any other court to exercise within the local
limits of its jurisdiction all or any of the powers exercisable by the Supreme Court
under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise

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provided for by this Constitution.

The memorandum puts forth the facts, contentions and arguments in the present
case.

STATEMENT OF FACTS

1) Looking back into the history of the country, it can be seen that the TG
Community was accorded a special and important status. The Hindu
mythology, Vedic and Puranic literatures recognised them as the third gender
and bestowed great respect to them. They played an important role in the royal
courts and were considered to have the power to give blessings. This status of
the TG community changed after the advent of the British rule in India and the
Colonialists treated them in an inhuman manner.

2) TG is generally described as an umbrella term for persons whose gender

identity, gender expression or behaviour does not conform to their biological
sex.

3) TG may also take into consideration persons who do not identify with their sex
assigned at birth, which include Hijras/Eunuchs who, in this writ petition,
describe themselves as “third gender” and they do not identify as either male
or female. Hijras are not men by virtue of anatomy appearance and
psychologically, they are also not women, though they are like women with no
female reproduction organ and no menstruation. Since Hijras do not have

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reproduction capacities as either men or women, they are neither men nor
women and claim to be an institutional “third gender”.

4) The case concerns legal gender recognition of TG people, and whether the
lack of legal measures to cater for the needs of persons not identifying clearly
as male or female contradicts the Constitution. Pre-existing Indian law only
recognised the binary genders of male and female, and lacked any provision
with regard to the rights of TG people, which advocates in India have also
defined as “third gender”. The gender of a person has been assigned at birth
and would determine his or her rights in relation to marriage, adoption,
inheritance, succession, taxation and welfare. Due to the absence of legislation
protecting TG people, the community faced discrimination in various areas of
life.

5) The atrocities faced by TG community, from the citizens as well as the state
authorities, in turn, is a violation of their many fundamental rights including
those under Articles 14 to 16 and 21 of the Constitution of India.

STATEMENT OF ISSUES

1. Whether Article 21 protects the right of TGs to express themselves according

to their self-recognised gender?

2. Whether the TGs get to enjoy their fundamental rights of employment and cast
votes without discrimination?

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SUMMARY OF CONTENTIONS

1. Whether Article 21 protects the right of TGs to express themselves according

to their self-recognised gender?

Article 21 reads as: “No person shall be deprived of his life or personal liberty except
according to a procedure established by law.”
According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme
importance in a democratic society.” Iyer, J., has characterized Article 21 as “the
procedural magna carta protective of life and liberty. This right has been held to be
the heart of the Constitution, the most organic and progressive provision in our living
constitution, the foundation of our laws.

Gender identity is an integral part of the personality and one of the most basic aspects
of self-determination, dignity and freedom. Article 21 emphasizes that life does not
mean mere animal existence. It is the right to live with human dignity. It also includes
one’s personal autonomy. Expression of oneself according to his self-recognised
gender is an aspect of personal autonomy which is protected under Article 21.

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2. Whether the TGs get to enjoy their fundamental rights of employment and
cast votes without discrimination?

Article 16 states that there shall be equality of opportunities for all the citizens in
matters relating to employment or appointment to any office under the State. Article
16 (2) of the Constitution of India reads as follows :

“No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect or, any
employment or office under the State”. Article 16 not only prohibits discrimination on
the ground of sex in public employment, but also imposes a duty on the State to
ensure that all citizens are treated equally in matters relating to employment and
appointment by the State.

DETAILED CONTENTIONS

1. Whether Article 21 protects the right of TGs to express themselves according

to their self-recognised gender?

Yes, Your Lordship.

Article 21 is one of the most extensive fundamental rights provided by the

Constitution. More and more rights have been read into the said right to life and
personal liberty. Article 21 has within its ambit all those aspects of life, which gives
meaning to a person’s life. It states that “No person shall be deprived of his life or
personal liberty except according to procedure established by law.” It emphasizes
that life does not mean mere animal existence. It is the right to live with human
dignity. It also includes one’s personal autonomy. Expression of oneself according to
his self-recognised gender is an aspect of personal autonomy which is protected under
Article 21.

The object of the fundamental right under Article 21 is to prevent encroachment upon

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personal liberty and deprivation of life except according to procedure established by

law. Where an act of private individual supported by the state infringes the personal
liberty or life of another person, the act will certainly come under the ambit of Article
21. Article 21 of the Constitution deals with prevention of encroachment upon
personal liberty or deprivation of life of a person.

Article 21 assures the right to live with human dignity, free from exploitation. The
state is under a constitutional obligation to see that there is no violation of the
fundamental right of any person, particularly when he belongs to a weaker community
and is unable to wage a legal battle against a strong and powerful opponent who is
exploiting him. Both the Central Government and the State Government are therefore
bound to ensure observance of the various social welfare and labour laws enacted by
Parliament for the purpose of securing to the workmen a life of basic human dignity in
compliance with the directive principles of the state policy.

Many TG people face problems in daily life because their legal gender on their ID
does not match their gender identity. Picking up a parcel at the post office, applying
for a job, boarding a plane, or lodging a harassment complaint can become a repeated
source of harassment, unfounded suspicion, and even violence. The purpose of gender
recognition of the TG community is to overcome this gap, giving official recognition
to a TGs identity. Gender recognition goes beyond being an administrative act: it is
essential in order for many trans people to be able to live a life of dignity and respect.

Further, the biologically determined binary of male or female gender should not be
the only criterion for determining and identifying the gender of individuals. India’s
centre and state governments should grant legal recognition of a TG person's identity
as male, female or third gender in accordance with that person's self-identification.
The centre and state governments should take positive measures to fully realise the
rights of TG people including by: ensuring that TG people benefit from reservations
for educational institutions and public appointments; making available focused
medical care and social welfare schemes; and conducting public awareness raising
campaigns to reduce society’s ostracisation of the represented groups.

Gender identity is an integral part of the personality and one of the most basic aspects
of self-determination, dignity and freedom. Thus, no one should be forced to undergo
medical procedures, including sex reassignment surgery, sterilisation or hormonal
therapy as a requirement for legal recognition of their gender identity. Psychological
gender is to be given priority over biological sex. Rights have to be protected
irrespective of chromosomal sex, genitals, assigned birth sex, or implied gender role.

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 Memorial On Behalf of Appellant

The international human rights Conventions and norms should be taken into
consideration for the purpose of interpreting gender identity equality, and they should
be used to shed light on the interpretation of the Constitution. The wide discrimination
faced by the TG community should create a “necessity to follow the international
Conventions to which India is a party and to give due respect to other non-binding
international Conventions and principles” and that any international convention not
inconsistent with the fundamental rights of the Constitution must be read into the
national provisions. Accordingly, the principles in the international covenants and the
Yogyakarta principles should be recognised and followed.

Self-identified gender can be either male or female or a third gender. Hijras are
identified as persons of third gender and are not identified either as male or female.
Gender identity, as already indicated, refers to a persons internal sense of being male,
female or a transgender, for example Hijras do not identify as female because of their
lack of female genitalia or lack of reproductive capability. This distinction makes
them separate from both male and female genders and they consider themselves
neither man nor woman, but a third gender. Hijras, therefore, belong to a distinct
socio-religious and cultural group and have, therefore, to be considered as a third
gender, apart from male and female. State of Punjab has treated all TGs as male which
is not legally sustainable. State of Tamil Nadu has taken lot of welfare measures to
safeguard the rights of TGs, which we have to acknowledge. Few States like Kerala,
Tripura, Bihar have referred TGs as third gender or sex. Certain States recognize them
as third category. Few benefits have also been extended by certain other States. Our
neighbouring countries have also upheld their fundamental rights and right to live
with dignity.

The right to choose one’s gender identity is integral to the right to lead a life with
dignity and therefore falls within the scope of the right to life (Article 21). In this
regard, it should be emphasized that there is a need to read the provisions of the
Constitution in line with present day conditions, based on a factual and social reality
that is constantly changing. Safeguarding the rights of TG people should be called for
due to the increasing universal recognition and acceptance of TG issues. It should be
noted that Article 21 has been broadly interpreted to include all aspects that make a
person’s life meaningful. It protects the dignity of human life, personal autonomy and
privacy. As recognition of one’s gender identity lies at the heart of the right to dignity
and freedom, it must be protected under Article 21 of the Constitution.

Recognition of ones gender identity lies at the heart of the fundamental right to
dignity. Gender, as already indicated, constitutes the core of ones sense of being as
well as an integral part of a persons identity. Legal recognition of gender identity is,

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therefore, part of right to dignity and freedom guaranteed under our Constitution.
Article 21, as already indicated, guarantees the protection of personal autonomy of an
individual.

In Anuj Garg v. Hotel Association of India (2008) 3 SCC 1 (paragraphs 34-35), this
Court held that personal autonomy includes both the negative right of not to be
subject to interference by others and the positive right of individuals to make
decisions about their life, to express themselves and to choose which activities to take
part in. Self-determination of gender is an integral part of personal autonomy and self-
expression and falls within the realm of personal liberty guaranteed under Article 21
of the Constitution of India.

It should be noted that the Constitution requires equal treatment of all people
regardless of their gender identity or expression. It should be declared that the Centre
and State governments must grant legal recognition of gender identity as male, female
or third gender. A full recognition is to be given even in the absence of any existing
statutory regime.

A distinguished group of human rights experts has drafted, developed, discussed and
reformed the principles in a meeting held at Gadjah Mada University in Yogyakarta,
Indonesia from 6 to 9 November, 2006, which is unanimously adopted the
Yogyakarta Principles on the application of International Human Rights Law in
relation to Sexual Orientation and Gender Identity. Yogyakarta Principles address a
broad range of human rights standards and their application to issues of sexual
orientation gender identity. Reference to few Yogyakarta Principles would be useful
for improving the conditions of the TGs in India.

YOGYAKARTA PRINCIPLES:

Need for Yogyakarta Principles:

Key human rights mechanisms of the United Nations have affirmed States’ obligation
to ensure effective protection of all persons from discrimination based on sexual
orientation or gender identity. However, the international response has been
fragmented and inconsistent, creating the need for a consistent understanding of the
comprehensive regime of international human rights law and its application to issues
of sexual orientation and gender identity. The Yogyakarta Principles do this.

A few principles have been mentioned below:

1. THE RIGHT TO THE UNIVERSAL ENJOYMENT OF HUMAN RIGHTS:

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All human beings are born free and equal in dignity and rights. Human beings of all
sexual orientations and gender identities are entitled to the full enjoyment of all
human rights.

2. THE RIGHTS TO EQUALITY AND NON-DISCRIMINATION:

Everyone is entitled to enjoy all human rights without discrimination on the basis of
sexual orientation or gender identity. Everyone is entitled to equality before the law
and the equal protection of the law without any such discrimination whether or not the
enjoyment of another human right is also affected. The law shall prohibit any such
discrimination and guarantee to all persons equal and effective protection against any
such discrimination.

3. THE RIGHT TO RECOGNITION BEFORE THE LAW:

Everyone has the right to recognition everywhere as a person before the law. Persons
of diverse sexual orientations and gender identities shall enjoy legal capacity in all
aspects of life. Each persons self- defined sexual orientation and gender identity is
integral to their personality and is one of the most basic aspects of self- determination,
dignity and freedom. No one shall be forced to undergo medical procedures, including
sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal
recognition of their gender identity. No status, such as marriage or parenthood, may
be invoked as such to prevent the legal recognition of a persons gender identity. No
one shall be subjected to pressure to conceal, suppress or deny their sexual orientation
or gender identity.

4. THE RIGHT TO LIFE:

Everyone has the right to life. No one shall be arbitrarily deprived of life, including by
reference to considerations of sexual orientation or gender identity. The death penalty
shall not be imposed on any person on the basis of consensual sexual activity among
persons who are over the age of consent or on the basis of sexual orientation or gender
identity.

5. THE RIGHT TO PRIVACY:

Everyone, regardless of sexual orientation or gender identity, is entitled to the

enjoyment of privacy without arbitrary or unlawful interference, including with regard
to their family, home or correspondence as well as to protection from unlawful attacks

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on their honour and reputation. The right to privacy ordinarily includes the choice to
disclose or not to disclose information relating to ones sexual orientation or gender
identity, as well as decisions and choices regarding both ones own body and
consensual sexual and other relations with others.

6. THE RIGHT TO TREATMENT WITH HUMANITY WHILE IN

DETENTION:

Everyone deprived of liberty shall be treated with humanity and with respect for the
inherent dignity of the human person. Sexual orientation and gender identity
areintegral to each person’s dignity.

7. PROTECTION FROM MEDICAL ABUSES:

No person may be forced to undergo any form of medical or psychological treatment,

procedure, testing, or be confined to a medical facility, based on sexual orientation or
gender identity. Notwithstanding any classifications to the contrary, a persons sexual
orientation and gender identity are not, in and of themselves, medical conditions and
are not to be treated, cured or suppressed.

2. Whether the TGs get deprived of their fundamental right of employment

without discrimination?
Yes, Your Lordship.

Article 16 of the Constitution stands for providing “Equality of opportunity in matters

of public employment.

(1) There shall be equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of
birth, residence or any of them, be ineligible for, or discriminated against in respect
or, any employment or office under the State.
Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favor of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services under the
State.”

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Article 16 not only prohibits discrimination on the ground of sex in public

employment, but also imposes a duty on the State to ensure that all citizens are treated
equally in matters relating to employment and appointment by the State. Every
individual should have a right to recognition, everywhere as a person before the law.

Article 16 prohibits discrimination on the basis of sex, recognizing that sex

discrimination is a historical fact and needs to be addressed. Constitution makers, as it
can be gathered, gave emphasis to the fundamental right against sex discrimination so
as to prevent the direct or indirect attitude to treat people differently, for the reason of
not being in conformity with stereotypical generalizations of binary genders. Both
gender and biological attributes constitute distinct components of sex. Biological
characteristics, of course, include genitals, chromosomes and secondary sexual
features, but gender attributes include ones self image, the deep psychological or
emotional sense of sexual identity and character. The discrimination on the ground of
sex under Article 16, therefore, includes discrimination on the ground of gender
identity. The expression sex used in Article 16 is not just limited to biological sex of
male or female, but intended to include people who consider themselves to be neither
male or female.

TGs are denied of their rights under Article 16(2) and discriminated against in respect
of employment or office under the State on the ground of sex. TGs are also entitled to
reservation in the matter of appointment, as envisaged under Article 16(4) of the
Constitution. The State is bound to take affirmative action to give them due
representation in public services. The TGs should be given a status of socially
backward class and should be entitled for reservation for employment in Central
and/or State Government organizations.

Article 16(4) read with the Directive Principles of State Policy and various
international instruments to which Indian is a party, call for social equality, which the
TGs could realize, only if facilities and opportunities are extended to them so that they
can also live with dignity and equal status with other genders.

This Court of Nepal in Sunil Babu Pant & Ors. v. Nepal Government (Writ Petition
No.917 of 2007 decided on 21st December, 2007), spoke on the rights of TGs as
follows:-
The fundamental rights comprised under Part II of the Constitution are enforceable
fundamental human rights guaranteed to the citizens against the State. For this reason,
the fundamental rights stipulated in Part III are the rights similarly vested in the third
gender people as human beings. The homosexuals and third gender people are also
human beings as other men and women are, and they are the citizens of this country as

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well. Thus, the people other than men and women, including the people of third
gender cannot be discriminated. The State should recognize the existence of all
natural persons including the people of third gender other than the men and women.
And it cannot deprive the people of third gender from enjoying the fundamental rights
provided by Part III of the Constitution.

A person’s gender identity and expression is a part of who they are, not a lifestyle
choice. A TG person is not being deceptive or dishonest if they don’t disclose their
gender identity. They don’t have to, and they may not be sharing personal
information, because of fear that they will be discriminated against. An employer
can’t, just because a person is TG:

● refuse to hire them because “they won’t fit in”

● move them away from frontline work (unless they ask or agree)
● dismiss them
● pressure them to resign by changing their working conditions.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS:

The covenant commits its parties to respect the civil and political rights of individuals,
including the right to life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights and rights to due process and a fair trial.
Article 1 of the Covenant recognizes the right of all peoples to self-determination,
including the right to "freely determine their political status", pursue their economic,
social and cultural goals, and manage and dispose of their own resources. It
recognises a negative right of a people not to be deprived of its means of
subsistence, and imposes an obligation on those parties still responsible for non-self
governing and trust territories (colonies) to encourage and respect their self-
determination.

HISTORICAL BACKGROUND:

TG Community comprises of Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-

Shakthis etc. and they, as a group, have got a strong historical presence in our country
in the Hindu mythology and other religious texts. The Concept of tritiya prakrti or
napunsaka has also been an integral part of Vedic and Puranic literatures. The word
napunsaka has been used to denote absence of procreative capability.

Lord Rama, in the epic Ramayana, was leaving for the forest upon being banished
from the

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Kingdom for 14 years turns around to his followers and asks all the men and women
to return to the city. Among his followers, the hijras alone do not feel bound by this
direction and decide to stay with him. Impressed with their devotion, Rama sanctions
them the power to confer blessings on people on auspicious occasions like childbirth
and marriage, and also at inaugural functions which, it is believed set the stage for the
custom of badhai in which hijras sing, dance and confer blessings.

Aravan, the son of Arjuna and Nagakanya in Mahabharata, offers to be sacrificed to

Goddess Kali to ensure the victory of the Pandavas in the Kurukshetra war, the only
condition that he made was to spend the last night of his life in matrimony. Since no
woman was willing to marry one who was doomed to be killed, Krishna assumes the
form of a beautiful woman called Mohini and marries him. The Hijras of Tamil Nadu
consider Aravan their progenitor and call themselves Aravanis.
Jain Texts also make a detailed reference to TG which mentions the concept of
psychological sex. Hijras also played a prominent role in the royal courts of the
Islamic world, especially in the Ottaman empires and the Mughal rule in the Medieval
India.

We notice that even though historically, Hijras/transgender persons have played a

prominent
role, with the onset of colonial rule from the 18 th century onwards, the situation has
changed
drastically. During the British rule, a legislation was enacted to supervise the deeds of
Hijras/TG community, called the Criminal Tribes Act, 1871, which deemed the entire
community of Hijras persons as innately criminal and addicted to the systematic
commission of non-bailable offences. The Act provided for the registration,
surveillance and control of certain criminal tribes and eunuchs and had penalized
eunuchs, who were registered, and appeared to be dressed or ornamented like a
woman, in a public street or place, as well as those who danced or played music in a
public place. Such persons also could be arrested without warrant and sentenced to
imprisonment up to two years or fine or both. Under the Act, the local government
had to register the names and residence of all eunuchs residing in that area as well as
of their properties, who were reasonably suspected of kidnapping or castrating
children, or of committing offences under Section 377 of the IPC, or of abetting the
commission of any of the said offences. Under the Act, the act of keeping a boy under
16 years in the charge of a registered eunuch was made an offence punishable with
imprisonment up to two years or fine and the Act also denuded the registered eunuchs
of their civil rights by prohibiting them from acting as guardians to minors, from
making a gift deed or a will, or from adopting a son. Act has, however, been repealed
in August 1949.

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Section 377 of the IPC found a place in the Indian Penal Code, 1860, prior to the
enactment of
Criminal Tribles Act that criminalized all penile- non-vaginal sexual acts between
persons, including anal sex and oral sex, at a time when transgender persons were also
typically associated with the prescribed sexual practices. Reference may be made to
the judgment of the Allahabad High Court in Queen Empress v. Khairati (1884) ILR 6
All 204, wherein a transgender person was arrested and prosecuted under Section 377
on the suspicion that he was a habitual sodomite and was later acquitted on appeal. In
that case, while acquitting him, the Sessions Judge stated as follows:

This case relates to a person named Khairati, over whom the police seem to have
exercised some sort of supervision, whether strictly regular or not, as a eunuch. The
man is not a eunuch in the literal sense, but he was called for by the police when on a
visit to his village, and was found singing dressed as a woman among the women of a
certain family. Having been subjected to examination by the Civil Surgeon (and a
subordinate medical man), he is shown to have the characteristic mark of a habitual
catamite the distortion of the orifice of the anus into the shape of a trumpet and also to
be affected with syphilis in the same region in a manner which distinctly points to
unnatural intercourse within the last few months.

The international legal scenario and the recognition of the rights of the TG community
by international human rights documents as well as human rights courts should be
taken into consideration for improving the conditions of the TGs in our country. A
plethora of judgments and legislations in foreign countries recognising the right of the
TG community and the acceptance of a special social status in the world should be
considered as a decisive factor to realise that it is a high time that India also comes up
with progressive measure for the protection of this vulnerable community.

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PRAYER

It is humbly prayed before this Hon’ble Court in the light of issues raised,

authorities cited and arguments advanced:

1. That the petition be allowed

2. Equal rights to be provided to the TG community like other individuals

without any discrimination.

3. Any other order this Hon’ble Court deems fit in the best interest of justice

be passed.

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