Bombay High Court Grants Bail To Transgender Persons Accused Of Harassing Temple Devotee, Criticizes Judge For Stereotypical Comments

Observing that “stereotypical and generalising” observations on the behaviour of transgender persons was “uncalled for,” the Bombay High Court granted bail to four transgender persons accused of harassing and assaulting a devotee at the Vitthal-Rukmini Temple in Pandharpur last month.

Justice Madhav J Jamdar noted that the observations were not even required for adjudication of the bail application.

“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 said impugned Order should not have been recorded and are not required or material for consideration of a Bail Application.”

The allegations included demanding money, assault and forcible disrobing owing to which the transgender persons were booked under sections 353, 332, 294, 143, 147, 149 of the IPC and section 135 of the Maharashtra Police Act.

While denying bail, Additional sessions judge M B Lambe in the December 19, 2023 order had said that “it is well known that transgenders harass people, demanding money at public places, public functions, marriages, funerals and inaugurations.”

The Sessions judge also labelled them as "rowdy" and said "time has come when it is necessary to facilitate an investigation into such offences".

The High Court found such comments uncalled for, stereotypical and generalising.

As part of the bail conditions, the High Court order the accused to cooperate with the investigation and attend the trial proceedings regularly. Justice Jamdar noted that while the chargesheet has not yet been filed, the investigation is complete and the trial would take a long time.

Case Title - Aoudumbar Anil Sagar & Ors vs State of Maharashtra

Case Number - CRIMINAL BAIL APPLICATION NO.151 OF 2024

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