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{{Short description|Indian LGBT Rights Case Law}}
{{Infobox court case
| name = Vyjayanti Vasanta Mogli v. State of Telangana
| judges = [[Ujjal Bhuyan]] {{Abbr|CJ.|Chief Justice}} and C.V. Bhaskar Reddy {{Abbr|J.|Justice}}
| keywords = [[Stereotype|Criminal Stereotyping]], [[Institutional discrimination|Institutional Discrimination]], [[Intersex human rights|Intersex Rights]], [[Non-binary gender|Non-binary Gender Rights]], [[Transgender rights movement|Transgender Rights]]
| opinions = * The Telangana Eunuchs Act was invalidated for violating Articles 14 and 21.
* The Telangana State Welfare Board to collaborate with [[Legal Services Authorities|legal services authorities]] for the upliftment of the transgender community
* [[Aasara pension|Aasara Pension Scheme]] benefits expanded to include transgender individuals.
* Implement affirmative action via horizontal reservation for transgender individuals as [[Other Backward Class]] in education and government services.
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| decision by = [[Ujjal Bhuyan]] {{Abbr|CJ.|Chief Justice}} and C.V. Bhaskar Reddy {{Abbr|J.|Justice}}
| number of judges = 2
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| court = [[Telangana High Court]]
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| citations = {{URL|1=https://web.archive.org/web/20230823124253/https://csis.tshc.gov.in/hcorders/2018/206400000442018_4.pdf|2={{Abbr|WP(PIL) No.|Writ Petition (Public Interest Litigation) Number}} 44 of 2018}}
| date decided = 6 July 2023
| full name = Vyjayanti Vasanta Mogli {{Abbr|&|and}} {{Abbr|Ors.|Others}} versus State of Telangana {{Abbr|&|and}} {{Abbr|Ors.|Others}}
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'''''Vyjayanti Vasanta Mogli {{Abbr|&|and}} {{Abbr|Ors.|Others}} versus State of Telangana {{Abbr|&|and}} {{Abbr|Ors.|Others}} (2023),''''' a landmark decision of [[Telangana High Court]], invalidating the Telangana Eunuchs Act of 1329 Fasli which categorized intersex, non-binary gender, and transgender individuals as susceptible to criminal actions, as it was found to be in violation of the constitution.<ref name=":0">{{Cite web |date=2023-07-15 |title=Hits and misses of Telangana High Court’s Order striking down the ‘Eunuch’ Act – The Leaflet |url=https://theleaflet.in/hits-and-misses-of-telangana-high-courts-order-striking-down-the-eunuch-act/ |access-date=2023-08-27 |website=theleaflet.in |language=en-US}}</ref><ref name=":1">{{Cite web |last=Sasikumar |first=Meenakshy |date=2023-07-10 |title=Telangana High Court Scraps 'Unconstitutional' Eunuchs Act: Here's Why It Needed To Go |url=https://www.thequint.com/gender/telangana-high-court-eunuchs-act-struck-down-landmark-judgment |access-date=2023-08-27 |website=TheQuint |language=en}}</ref><ref name=":2">{{Cite court|litigants=Vyjayanti Vasanta Mogli v. State of Telangana|court=[[Telangana High Court]]|opinion=Writ Petition (Public Interest Litigation) No. 44 of 2018|date=6 July 2023|url=https://web.archive.org/web/20230823124253/https://csis.tshc.gov.in/hcorders/2018/206400000442018_4.pdf}}</ref>

The court has directed the State Welfare Board for Transgender Persons in Telangana to collaborate with legal services authorities in order to ensure the successful implementation of the [[Transgender Persons (Protection of Rights) Act, 2019|Transgender Persons Act of 2019]], the Transgender Persons Rules of 2020, and the action plan formulated by the board. The court emphasized that the collaboration should involve proactive actions, such as actively engaging with transgender individuals to streamline the process of issuing identity certificates and ensuring access to a range of welfare programs.<ref name=":0" /><ref name=":2" />

The court issued a directive stating that the benefits of the Aasara Pension Scheme, which was implemented by the State Government of Telangana, must be expanded to encompass transgender individuals as a distinct group.<ref name=":0" /><ref name=":1" /><ref name=":2" />

Until comprehensive legislation is put in place, the Court mandated the State Government of Telangana to issue government orders and administrative directives to implement affirmative action through horizontal reservation for transgender individuals, as [[Other Backward Class]], securing admission to educational institutions and facilitating recruitment into Government and public services.<ref name=":0" /><ref name=":1" /><ref name=":2" />

== Background ==
During [[British Raj|British rule in India]], [[intersex]], [[non-binary gender]] and [[transgender]] individuals were referred to as 'eunuchs' in a stigmatizing manner. The British introduced discriminatory laws based on gender identity, including an 1897 amendment that added 'eunuchs' to the [[Criminal Tribes Act|Criminal Tribes Act of 1873]], an Act that presumed certain communities were predisposed to criminal activity. The amendment introduced a separate section for 'eunuchs', defining them as impotent males. They were mandated to register with local authorities and faced restrictions on acting as guardians for minors, executing gifts or wills, and adopting sons, with violations carrying the risk of imprisonment. They were prohibited from 'dressing like a woman' in public, engaging in dance, and partaking in public exhibitions.<ref name=":9">{{Cite web |last=Hinchy |first=Jessica Bridgette |date=2 July 2019 |title=The long history of criminalising Hijras |url=https://www.himalmag.com/long-history-criminalising-hijras-india-jessica-hinchy-2019/ |archive-url=https://web.archive.org/web/20190709161928/https://www.himalmag.com/long-history-criminalising-hijras-india-jessica-hinchy-2019/ |archive-date=9 July 2019 |access-date= |website=Himal Southasian |language=en-GB}}</ref><ref name=":22">{{Cite book |last=Kothari |first=Jayna |title=How liberal is India? the quest for freedom in the biggest democracy on earth |date= |publisher=Academic Foundation |year=2019 |isbn=978-93-327-0507-4 |editor-last=Meinardus |editor-first=Ronald |location=New Delhi |chapter=Section 377 and Beyond: A New Era for Transgender Equality? |editor-last2= |editor-last3= |chapter-url=https://web.archive.org/web/20210727060152/https://clpr.org.in/wp-content/uploads/2019/06/Section-377-and-Beyond.pdf}}</ref>

While the Criminal Tribes Act was repealed in 1949, similar language persisted in other laws to control and surveil transgender individuals. The current case pertains to the Telangana Eunuchs Act of 1329 Fasli, formerly known as the Andhra Pradesh (Telangana Area) Eunuchs Act of 1329 Fasli, which was initially enacted in 1919. Following the division of the united Andhra Pradesh into Telangana and Andhra Pradesh, the Act was renamed as the Telangana Eunuchs Act of 1329 Fasli.<ref name=":9" /><ref name=":22" /><ref name=":3">{{Cite web |title=Vyjayanti Vasanta Mogli & Ors. v. State of Telangana |url=https://clpr.org.in/litigation/pil-challenging-the-constitutionality-of-the-telangana-eunuchs-act-1919/ |access-date=2023-08-27 |website=Centre for Law & Policy Research |language=en-US}}</ref><ref>{{Cite act|index=|date=1919|legislature=[[Telangana Legislature]]|title=Telangana Eunuchs Act of 1329 Fasli|url=https://web.archive.org/web/20200929102448/https://www.indiacode.nic.in/bitstream/123456789/8633/1/act_16_of_1329_f.pdf}}</ref> The Act empowers Police and State Authorities to the maintenance of a register detailing the names and residences of 'eunuchs' suspected of engaging in activities such as 'kidnapping and emasculating boys' or of committing 'unnatural offences' or abetting the commission of such offences.<ref name=":22" /><ref name=":3" />

== Proceedings ==
The petition presented to the [[Telangana High Court]] seeks the following relief concerning [[intersex]], [[non-binary gender]] and [[transgender]] individuals.

* A declaration that the Telangana Eunuchs Act of 1329 Fasli, is unconstitutional, and infringes on the [[Fundamental rights in India|Fundamental Rights]] conferred by Articles [[Article 14 of the Constitution of India|14]], [[Article 15 of the Constitution of India|15]], [[Fundamental rights in India#Right To Freedom|19]], and [[Fundamental rights in India|21]] of the Constitution.<ref name=":2" /><ref name=":3" /><ref>{{Cite web |title=Vyjayanti Vasanta Mogli v. State of Telangana & Ors. |url=https://clpr.org.in/litigation/vyjayanti-vasanta-mogli-v-state-of-telangana-ors/ |access-date=2023-08-28 |website=Centre for Law & Policy Research |language=en-US}}</ref>
* A request to temporarily halt the enforcement of the Telangana Eunuchs Act of 1329 Fasli, invoking Section 151 of the CPC, which grants the court authority to issue orders to ensure justice and prevent potential misuse.<ref name=":2" />

== See Also ==

* [[LGBT rights in India]]
* [[Navtej Singh Johar v. Union of India|Navtej Singh Johar v. Union of India (2018)]]
* [[Right to Privacy verdict|Puttaswamy v. Union of India (2017)]]
* [[Karnataka Sexual Minorities Forum v. State of Karnataka|Karnataka Sexual Minorities Forum v. State of Karnataka (2017)]]
* [[National Legal Services Authority v. Union of India|National Legal Services Authority v. Union of India (2014)]]

== References ==
{{Reference list}}{{LGBT Rights Case Law in India|state=expanded}}{{LGBT in India|state=expanded}}
[[Category:LGBT rights in India]]
[[Category:Indian LGBT rights case law]]
[[Category:2023 in Indian law]]
[[Category:2023 in LGBT history]]
[[Category:High Courts of India cases]]
[[Category:Transgender law]]

Vyjayanti Vasanta Mogli v. State of Telangana - Revision history

Ajay Kumar: Creating a new article