Transgenders More Feminine Than Masculine, says Judge - The New Indian Express

Transgenders More Feminine Than Masculine, says Judge

Published: 28th November 2013 07:19 AM

Last Updated: 28th November 2013 07:19 AM

Dismissing a petition by transgenders seeking transfer of a criminal case trial from the Mahila Court, the Principal Sessions Court has ruled that they were “more feminine than masculine.”

“By disposition and behaviour, transgenders are more feminine than masculine. The atmosphere in the Mahila Court will be more congenial for transgenders to face the trial. They will fit in the company of women than in the company of men,” Principal Sessions Judge N Authinathan ruled.

The criminal case pertains to the alleged kidnap of a class IX boy by the transgenders, and a forced sex-change surgery in 2006. The boy returned to the parents as a transgender in 2009 who then filed a police complaint. The case was posted before the Mahila Court for trial.

However, the 11 transgenders approached the Principal Sessions Court with a petition seeking transfer of the case to another court. They argued that they were neither male nor female, and cannot be tried in a court exclusive for crime against women. The victim too was a boy when the alleged crime took place.

Passing the judgement on the petition on Wednesday, the judge said, “No prejudice would be caused to the petitioners who are transgenders. After all, the case has to go on for an eventual disposal following the procedure contemplated under law. Prudence requires that the case should be disposed of by the Mahila Court”.

Reacting to the judgement, members of the transgender community concurred that a transgender must be tried in a Mahila Court as they see and feel themselves more as a woman. “When we ourselves live like a woman and expect others to see us that way, why not transgenders be tried in a Mahila Court. I think transgenders will get the respect they deserve in a Mahila Court,” said R Jeeva, president, Transgender Rights Association.

Transgender Kalki said the judge and the lawyers should have understanding about them and their community, when transgender cases come for trial. “Whether it is a Mahila Court or a Special Court, justice is justice. Whoever has committed a crime should be punished, but the innocent should not go to jail,” she said.

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