SC notice to Centre on plea seeking stringent punishment for offences against transgenders

The Supreme Court on Friday issued notice to the Central government on a petition seeking directions to provide stringent and severe punishment for offences against transgender persons. 

A Bench of Justices Nageswara Rao and Justice BR Gavai sought the response from the Central government and tagged the petition with other similar matters. 

The plea filed by a social worker and a transgender activist Kajal Mangal Mukhi challenged the constitutional validity of Section 18 of the Transgender Persons (Protection of Rights) Act, 2019, saying the section is discriminatory and against the basic and established principles of law and it also violates the basic human rights of the transgender persons. 

Section 18 of the Act, which provides for offences and penalties under the Act, and provides for punishment of imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.

The petition said the punishment prescribed is not sufficient enough to prevent people from committing offences/discrimination against transgender people. 

The provision for punishment for serious crimes committed against transgender people is substantially less severe than for the same crimes committed against cis-gendered people as defined and mentioned in the Indian Penal Code, 1860, said the plea. 

The petition has pointed out that section 18 talks about discrimination of a specific nature and does not state the general discrimination that transgender people face on frequent occasions. 

The plea said the provisions of the Act are against the fundamental rights of the transgender persons as well as such irrational and imbalance punishment for the crime against the transgender directly hampers their protection and social security. 

The petition sought direction for issuing and framing guidelines to ensure and implement an effective and purposeful legal framework for the protection and welfare of transgender in India.