Summary of Important Judgments passed by Justice Bhuyan, New Judge Supreme Court of India

1. Vasanta Mogli v. State of Telangana [Judgment on the issue of Transgender]

Centre for Law and Policy Research filed public interest litigation in the Telangana High Court on behalf of Vyjayanti Vasanta Mogli, a trans rights activist and one of the founding members of the Telangana Hijra, Intersex and Transgender Samiti, which is an unregistered organization working for the welfare and the rights of transgender persons in Telangana. The PIL is on relief measures during the lockdown ranging from access to food and essential items, access to medicines, and other welfare measures for the transgender community. In the case of V. Vasanta Mogli v. State of Telangana, a Division Bench of the Telangana High Court, consisting of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy, declared the Telangana Eunuchs Act, 1329 Fasli, as unconstitutional. The Act was found to violate the human rights, privacy, and dignity of the transgender community. It was deemed offensive to the right to privacy and dignity, as well as violative of Article 14 and Article 21 of the Constitution. The decision opened up opportunities for the inclusion and welfare of transgender individuals in Telangana. By declaring the Telangana Eunuchs Act as a relic of the past, the court affirmed that every soul, regardless of gender identity, deserves to dance freely to the rhythm of dignity and respect.

2. Ritika Prashant Jasani v. Anjana Niranjan Jasani [Senior Citizen Act]

The judgment in Ritika Prashant Jasani v. Anjana Niranjan Jasani holds significance in safeguarding the rights of individuals within familial relationships. Justices Ujjal Bhuyan and Madhav J. Jamdar emphasized that provisions protecting elderly parents and women should not be misused. The court quashed the order of the Tribunal for Maintenance and Welfare of Parents and Senior Citizens, which directed the petitioner and her husband to vacate their matrimonial home. The judgment highlights the importance of fair consideration of ownership and residence rights, particularly in cases involving ancestral properties and shared households. It ensures a fair and just approach, preserving the rights and interests of all parties involved.

3. in Ragula Naresh Yadav & ors v. State of Telangana and Ors

The state of Telangana had listed 29 sports which were entitled for reservation for government jobs  but had not specified para sports in it. This was challenged by some athletes. The judgment in Ragula Naresh Yadav & ors v. State of Telangana and Ors by the Telangana High Court has significant implications for para sportspersons. The court ruled that para sportspersons are eligible to avail the Two (2%) percent reservation for sportspersons in direct recruitments to government departments. The court interpreted the government order of 2012, stating that the list of recognized sports disciplines is capable of including para sportspersons participating in any of those disciplines. This inclusive and purposive interpretation aligns with the objective of the Rights of Persons with Disabilities Act, 2016, aiming to ensure full participation and inclusion of persons with disabilities in society. The judgment extends the benefits of the reservation policy to para sportspersons and para sporting events of equivalent importance.

4. Ruth John Paul v. Union of India & Ors

In the case of Dr. Ruth John Paul v. Union of India & Ors, the Telangana High Court has directed the Medical Counselling Commission to grant the benefit of third gender status, in addition to “Scheduled Caste” status, to a transgender candidate during NEET PG 2023 admissions. The court ordered that the candidate’s admission should be considered in a manner that is beneficial to them, both under the central and state quotas. The judgment recognizes the rights of transgender individuals and emphasizes the need for inclusivity in educational institutions. It highlights the importance of considering transgender status as a separate category for reservation, aligning with the Supreme Court’s directives regarding the treatment of the transgender community as socially and educationally backward classes.