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| Transgender |
"Appellant undisputedly is a transgender and it is a hard fact that in our society, transgenders are being shunned even today. It is difficult for them to get even menial jobs," district judge A K Chawla said, while setting aside lower court''s order for its failure to take into account the eunuch''s living condition and the person''s antecedents.
Rani was found begging at a red light at Mool Chand flyover here in November 2010, and pleaded guilty before the court of special metropolitan magistrate, who remanded Rani in a detention home for two years under the Bombay Prevention of Begging Act.
Rani filed an appeal against the detention.
The district court noted that while passing the order, the magistrate should have had regard to the age and character of the beggar, the circumstances and conditions in which the person was living and the report made by the probation officer.
It noted the report of the probation officer in the case was silent on the eunuch''s character, living conditions or antecedents like family background and circumstances, which forced Rani to beg.
Criticising the special metropolitan magistrate''s order of conviction, the court said, "It is totally silent on the circumstances in which the appellant was living and now is there any material on record about his antecedents."
Rani was released with a warning on a personal bond of Rs 1,000.
