After the arrest and illegal genitalia check of several transgender persons by the Hyderabad police, activists filed a representation across government bodies seeking justice.
Published Oct 04, 2024 | 4:56 PM ⚊ Updated Oct 04, 2024 | 5:02 PM
In Telangana, there is a sharp contrast between what the government promises and does regarding transgenders.
On 27 September, Hyderabad witnessed the arrest of seven transgender women who were taken into custody for begging. Atop of the arrest, they were subjected to the illegal genitalia check.
Subsequently, on 29 September, the police also arrested 12 transgender women for performing Mujra, a ceremonial dance, at a private venue in Bandlaguda. They were charged under the obscenity and indecency laws.
In both cases, Telangana police violated transgender persons’ privacy by releasing their photographs and revealing their faces, age, and area of residence.
Even though these events are not a new phenomenon in Telangana, the irony is loud given the government’s pro-transgender moves.
🧵While @INCTelangana conducted a rally yesterday in the presence of Minister @seethakkaMLA to spread awareness about the transgender community, @hydcitypolice arrested 7 trans women for begging, conducted illegal genital inspection and charged them with extortion. pic.twitter.com/rCuiBTEugi
— Yes, We Exist 🏳️⚧️🏳️🌈 (@YesWeExistIndia) September 30, 2024
On 14 September, Chief Minister A Revanth Reddy announced that a transgender traffic marshal force will soon regulate Hyderabad’s traffic.
He noted that this upcoming team will have distinctive uniforms and be eligible for a salary. The move was met with appreciation from most corners of Telangana.
Additionally, given its first-of-a-kind stature, it was regarded as a move in the right direction. The chief minister said that this would empower transgenders, providing them with dignity.
Similarly, the Congress government had also brought transgenders under the ambit of the Mahalakshmi scheme, empowering them with free public transport.
However, this phenomenon of violation of transgender persons’ privacy is not isolated. In February, 2023, a few transgender persons filed a complaint with the Director of the Department of Empowerment of Persons with Disabilities, Senior Citizens, and Transgender Persons.
They raised concerns regarding the coercive data collection from the people of the transgender community.
Subsequently, in July this year, the Telangana High Court found this data collection to be illegal after hearing Vyjayanti Vasanta Mogli & Ors v. State of Telangana. It also, deemed the Telangana Eunuchs’ Act from 1919 as outdated, upholding the 2019 Transgender Persons (Protection of Rights) Act.
Recently, on 30 September, Hyderabad Commisioner of Police CV Anand said that the drive against ‘fake ‘ transgender persons would be relaunched. Stating that the move is directed at cracking down on extortionists, he distinguished “genuine” and “fake” transgender persons.
Similarly, about a year ago, Chandana Deepthi, then the Deputy Commissioner of Police (DCP) of Hyderabad’s North Zone also drew this distinction between the two kinds of transgenders following the arrest of transgender women at the Jubilee Hills Bus Station.
Both these instances are in violation of the NALSA v. Union of India (2014).
“Transgender persons’ right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as a third gender,” the judgement read.
In response to the arrests on 27 September, multiple members of Civil Society Organisations and Activists filed a representation across government bodies.
They addressed it to the chief minister, Director General of Police (DGP), national and state human rights commissions, Commissioner of Police of Hyderabad, Cyberabad, and Rachakonda, among others.
The representation highlighted police excesses in dealing with transgender people and subsequent illegal disrobing, genital checks, and coerced medical examinations.
It detailed that at least 10 police stations including Panjagutta, Begumpet, and Bandlaguda were conducting coercive medical examinations at Gandhi Hospital, Osmania Medical College, and other government hospitals. Additionally, it alleged that the police were maintaining a database of transgender persons.
The representation identified that the ill-treatment of the detainees violated the precedents set by:
They demanded that FIRs be filed against errant police officers and the DGP ordered police forces in Telangana to halt the excesses. Additionally, they demand that police forces across Telangana be sensitised and trained in engaging with transgender people.
“In case, our demands are not addressed within a period of two weeks, we shall be constrained to move the honourable Supreme Court in its contempt jurisdiction and further explore all other legal remedies,” the representation said.
(Edited by Muhammed Fazil)
