Bombay High Court grants bail to transgender person; criticises sessions court for stereotypical, generalising observations
The counsel for the accused transgender pointed out to the Bombay High Court about some unmerited and unnecessary observations recorded by the Additional Sessions Judge, Pandharpur while rejecting the bail plea of the accused. The counsel representing the State also objected to the observations of the sessions court and said that such observations should not to have been recorded.
Written By: Nitish K Singh
Bombay High Court grants bail to transgender person; criticises sessions court for stereotypical, generalising observations
Mumbai: The Bombay High Court has criticised a sessions court order for stereotypical and generalising observations regarding the behaviour of transgender persons and granted bail to a transgender accused of harassing and abusing one devotee and demanding money, assault and forcible disrobing in the Shri Vitthal-Rukmini Mandir, Pandharpur premises.
Justice Madhav J Jamdar criticised the sessions court order while hearing a plea of the transgender accused challenging a sessions court order refusing to grant her bail.
Justice Jamdar said that Article 21 of the Constitution of India protects the right to life and personal liberty of all citizens and the right to life includes right to live with dignity and such stereotypical and generalising observations regarding the behaviour of the transgender persons is uncalled for.
What did the transgender person submit before the HC?
The counsel for the accused transgender pointed out to the High Court about some unmerited and unnecessary observations recorded by the Additional Sessions Judge, Pandharpur while rejecting the bail plea of the accused. The counsel representing the State also objected to the observations of the sessions court and said that such observations should not to have been recorded.
What did the High Court say?
“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. Therefore, the observations which are recorded in paragraph nos. 19 to 21 of the impugned order (sessions court) should not have been recorded and are not required or material for consideration of a Bail Application,” Justice Jamdar said.
The High Court noted that the charge sheet in the case is not filed, while the investigation is completed.
High Court granted bail to transgender with certain conditions
“The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The applicant does not appear to be a flight risk,” the High Court noted while granting bail to the accused with certain conditions imposed.
The conditions included furnishing her cell phone number and residential address to the investigating officer and to keep him updated in case of any change, not tampering with the evidence and not contacting or influencing the complainant or any witnesses in any manner, surrendering her passport to the investigating officer and attending the trial regularly and not seeking unnecessary adjournments.
Courtesy : News Nine
Note: This news piece was originally published in newsnine.com and used purely for non-profit/non-commercial purposes exclusively for Human Right