ROURKELA: The recent order of a lower court granting bail to a eunuch arrested for a petty offence has thrown up a curious situation the society hardly thinks of. What happens if someone from the LGBT (lesbian, gay bisexual, transgender) community is held and denied bail. Should the accused be kept in the jail, detention home or in a special cell? In this case, Rupa alias Mazarrul, a eunuch, was granted bail. Though the offence was petty quarrel the court also reportedly thought of legal provision __ and difficulties __ about keeping a eunuch under detention. Though some of the legal experts claimed the bail was granted after considering the not-so-serious offence and had nothing to do with gender issue, the decision has put the focus on the limited legal space __ what happens if a eunuch commits a serious crime? This has brought to light loopholes in the judicial system when it comes to securing rights for the LGBT community and the stigma attached to its members. Neither CrPC nor IPC, Additional SP Ram Kumar Panda pointed out, has any separate provision for the ‘third sex.’ The role of police is limited to taking the accused to court, he added. Retired Senior Jail Superintendent DB Dharua from Sambalpur explained out such cases of housing LGBTs in jail seldom arise. “Ideally they are accommodated in special cells but again, all jails are overcrowded.”. Core team member of National Alliance of Women’s Organisation Subhashree Ray emphasised the need to change social outlook of the community. The legal system, as well as society need to join hands to help them live a dignified life, she said.
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