Chennai: The principal sessions court in Chennai has dismissed a petition from transsexuals, who prayed that a criminal case pending against them be transferred from the mahila court to a special court as the victim and accused were neither men nor women.
Dismissing the petition, principal sessions judge N. Authinathan observed that admittedly the petitioners and the victim were transgenders.
By disposition and behaviour transgenders are more feminine than masculine. The atmosphere in the mahila court would be more congenial to facing the trial. They would fit better in the company of women than that of men.
Hence, no prejudice would be caused to the petitioners for, after all, the case would have to go on for an eventual disposal following the procedure contemplated under law.
Prudence required that the case be disposed of by the mahila court. “I am not inclined to withdraw the case from the file of the mahila court,” the judge added.
According to the prosecution, transgenders D. Radha alias Raja and 12 others were accused of forcing Vinoth, 16, to undergo a sex change operation to involve him in prostitution and begging in 2006.
Without his consent, they wrongfully confined Vinoth and forced him to undergo the sex change operation so that they could use him in the flesh trade.
The judicial magistrate had referred the matter to the mahila court. Radha and 10 others lodged a petition with the principal sessions court, praying that the case be transferred from the mahila court to another court since the victim and accused were neither men nor women.
City public prosecutor M.L. Jegan vehemently opposed the transfer petition.
