Transgenders are feminine, rules Chennai court

Says the third gender has more feminine features and hence should face prosecution in a Mahila Court

Putting an end to an attempt by a group of transgenders to escape trial in a Mahila Court (Women’s Court) claiming that they were not women, the Chennai Principal Session Judge has held that the third gender were ‘more feminine than masculine’ and hence were liable to face prosecution in a Mahila Court.

The transgenders, numbering 11 all of whom were arrested for allegedly abducting a class XI boy in Chennai and pushing him into sex trade in Andhra Pradesh after a sex change surgery, had moved the Principal Sessions Court seeking transfer of trial from the Mahila Court. They had argued that neither the accused nor the victim in the case is women and hence the Mahila Court does not have jurisdiction to proceed with the trial.

Giving his verdict, Principal Sessions Judge N Authinathan said, “By disposition and behaviour transgenders are more feminine than masculine. The atmosphere in Mahila Court will be

more congenial for transgenders to face the trial. They will fit in the company of women than in the company of men.”

The judge felt no prejudice would be caused to the transgenders as after all the case has to go on for an eventual disposal as per procedure contemplated under law. “Prudence requires that the case should be disposed of by the Mahila Court,” he said.

Incidentally, leading transgender activists have hailed the verdict stating that members of the third gender would get the respect they deserve in the Mahila Court. One of Tamil Nadu’s well known transgenders Kalki said irrespective of whichever court tries the case; justice had to be delivered to the boy who was abducted and pushed into flesh trade. If the accused transgenders had committed the crime, they should be punished, she said.