Not possible to have separate Act for eunuchs, State tells court

The state government on Friday told the Bombay High Court that it would not be possible to have any seperate Act for eunuchs and that atrocities against them cannot be dealt in the same way as those against scheduled castes or scheduled tribes.

The statement was made in an affidavit filed before the court by Gopinath Alhat, deputy secretary to the state social justice department. "The problems faced by eunuchs is based on their gender disability and so no seperate Act is required for them and they would come under the Indian Penal Code," the affidavit states.

The official also noted, "Eunuchs may not be sufferers of the evils of the caste system." The affidavit also reiterated the state government's position on the issue of voluntary castration, stating that before any such procedure, they must be examined by a psychologist, endocrinologist and urologist. The affidavit said that it is not possible to legalise permissions given by a "guru" of the eunuchs, as demanded by the petitioners in the case.

Arguing before a bench headed by Chief Justice Mohit Shah, additional government pleader G W Mattos also said that with respect to official identity, members of the transgenders community may identify themselves in the "others" gender category.

The petition has been filed by an organisation Salvation of Oppressed Eunuchs (SOOE). The plea raises several issues, including discrmination and verbal abuse of eunuchs and their identity problems.The case will now be heard on July 19.

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