Transpersons have the right to live anywhere in the country as per their wish: Bombay High Court

Transpersons have the right to live anywhere in the country as per their wish, the Bombay High Court observed on Saturday directing the Mumbai Police to protect a transperson who was being forced to leave Mumbai against his will (Sangeetha M. v. State of Maharashtra).

. The petitioner, a transperson, had moved the Court through advocate Vijay Hiremath seeking protection due to fear that his parents will force his return to Mysore, Karnataka against his will and might press false charges against him.

A Bench of Justices SS Shinde and NJ Jamadar directed the Mumbai Police to ensure that the petitioner is not harassed or forced to leave the city without his will.

"There is a grievance and you have to protect. They are the citizens of the country. They can live as per their wish and will. How can you restrict them or tell them to go out of the city?" Justice Shinde remarked.

. The petitioner who was assigned female gender at birth identifies himself as male.

Due to mounting pressure from parents to marry a person of their choice against the petitioner's wish, the petitioner came out to his parents but sensing there was no support from the family, the petitioner moved to Mumbai to pursue a career in dance.

After this, the petitioner's friends in Mumbai started getting calls from the family and the petitioner discovered that a missing person complaint was filed with the Mysore police.

After a few days, the petitioner was asked by a friend to go to Versova beach and upon reaching there, the petitioner saw police officers from Mysore with his father.

The petitioner was informed that his mother was unwell and since the police was involved, to avoid any disruption in lives, the petitioner went back to the Mysore with an assurance that soon after his mother recuperates, he can return to Mumbai.

However, upon returning to Mysore, the petitioner realised that the entire family was against him and was trying to force him to disown his identity.

They started performing rituals on the petitioner and confined the petitioner within the house limits.

With the help of NGO Raahi in Bangalore, the petitioner managed to flee to Bangalore into the safe shelter provided by the NGO and from there to Mumbai.

Once in Mumbai, the petitioner changed his mobile number and lived in hiding due to the constant fear and anxiety of coercive steps from the family or the police.

. Hiremath informed the Court that the petitioner, presently staying in Mumbai, was constantly living in the fear of being extremely isolated.

"Somehow their phone is being tracked, their friends, even me and my associates have received phone calls. The petitioner is an adult, not a minor," he submitted.

. Hiremath argued that living in constant fear was violative of the right to life, liberty and dignity granted under Article 21 of the Constitution.

He also submitted there were judgments and a statute, the Transgender Persons (Protection of Rights) Act which protected the rights and interests of transgender persons.

. Additional Public Prosecutor KV Saste informed the Court that the Mumbai Police was merely assisting the Mysore Police to find the petitioner against whom a missing complaint was filed in Mysore.

. However, the Court demanded how the assistance was being rendered.

"How are you assisting them? Have they committed an offence? Do not treat them as criminals," the Court said.

It then proceeded to direct the police to not force the petitioner to leave Mumbai or harass him in any manner.

We have directed, 'not to force them to leave Mumbai, not to harass them, no coercive action against them'."

Transpersons have the right to live anywhere in the country as per their wish: Bombay High Court

Neha Joshi

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