SC Asks Centre To Respond On Plea Seeking Harsh Punishment For Crimes Against Transgenders
A transgender activist had filed a plea challenging the constitutional validity of Section 18 of the Transgender Persons (Protection of Rights) Act 2019.
Written By Vidyashree S
The Supreme Court on Friday, January 21, heard a petition seeking directions to provide stringent and severe punishment for offences against transgender persons and issued notice to the Central government seeking a response on the same. A Bench of Justices Nageswara Rao and BR Gavai tagged the petition with other similar matters.
Kajal Mangal Mukhi, a social worker and transgender activist, filed a plea challenging the constitutional validity of Section 18 of the Transgender Persons (Protection of Rights) Act 2019. The plea stated that the Section is discriminatory and against the basic human rights of transgender persons.
What is Section 18 of Transgender Persons (Protection of Rights) Act 2019?
Section 18 of the Transgender Persons (Protection of Rights) Act provides for offences and penalties. As per the Section, whoever harms or injures or endangers the life, safety, health or well-being of a transgender person shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with a fine. But the petition stated that the said period of punishment is not sufficient in preventing people from committing offences/discrimination against transgenders.
The plea further mentioned that as compared to the punishment prescribed for serious crimes against cisgender people, the same crimes committed against transgender people is substantially less as defined and mentioned in the Indian Penal Code, 1860.
It was also pointed out that Section 18 does not speak of the general discrimination faced by transgender people during normal occasions but only states discrimination of a specific nature. Stating that the provisions of the Act are against the fundamental rights of the transgender people, the plea mentioned that such irrational and imbalance punishment for the crime against the transgender directly hampers their protection and social security.
The petition has sought an effective and purposeful legal framework that ensures the protection and welfare of transgender people in India.
Courtesy : RepublicWorld
Note: This news piece was originally published in republicworld.com and used purely for non-profit/non-commercial purposes exclusively for Human Rights objectives.