B'luru: Govt likely to remove word 'Eunuch' from Sec 36 (A) of Karnataka Police Act

Bengaluru, Jan 12: The likely deletion of word 'EUNUCH' from the section 36 (A) of Karnataka Police Act could be sounded as a preliminary triumph for sexual minorities in the fight against this section.

The Karnataka Government on Tuesday told the High Court that the government will amend section 36 (A). It also said govt is mulling to remove the word eunuch from the section.

The state government told this while HC was hearing a PIL filed in 2015 by the Karnataka Sexual Minorities Forum. It has to be noted Jeeva and Akkai Padamshali has impleaded in the case supporting the PIL. The PIL was filed challenging the section and seeking to revoke the same, informed Jayana Kothari to OneIndia.

The High Court passed an order on Tuesday saying the government will amend the section in a span of 6 months as it assured with the court, said Kothari, who is advocate for Akkai Padamshali and Jeeva in the case.

However the government counsel conveyed to the court that the state is mulling to delete the word eunuch from the section and would replace it with 'all people'. Jayana said "We have argued for the abrogation of the section and the court has said let the government come up with an amendment."

The section (c) of section 36 (A) lends arbitrary powers to the police commissioner to prohibit by an order any eunuch from doing any activity as stated by the order. However since there is no specific directive on what are prohibitory activities, defining undesirable activities is left to the discretion of the commissioner.

The section 36 (A) came into force from April 26, 2011 during the BJP regime in the state of Karnataka. The sexual minority right activists contend the act criminalizes the right to life, right to privacy and right to mobility of sexual minorities.

Besides, they opine that the section in nature is anti-fundamental rights and unconstitutional.

Akkai Padamshali speaking to OneIndia sublimely welcomed the decision of the government. Akkai said the PIL was filed seeking to repeal the section as it criminalizes right to live, right to privacy and right to mobility of sexual minorities.

The section views eunuchs as suspects in child abduction cases by default which is nothing short of atrocity. Akkai termed the decision of amending the section as first victory and said fight to repeal the section will continue.

A colleague of Padamshali expressed happiness over the fresh development and lamented that transgenders has to register their names in the police station of the jurisdiction of the place where they dwell according to the section which is bizarre.

The colleague added "if any complaints of missing children lodged in the station, then by default the police have the right to inquire transgenders. Amending the section is welcoming move, but we fight to realize complete deletion of the section."

OneIndia News