A high court in India ruled that Indian law cannot deny transgender women recognition as women solely based on their inability to bear children. The Andhra Pradesh High Court issued the landmark ruling on June 16, in a historic win for India’s trans community.
Presiding over the case was Justice Venkata Jyothirmai Pratapa, who rejected arguments that tied womanhood to ability to reproduce. Pratapa declared these views as “legally unsustainable” according to the Washington Blade. She also argued that this idea does not align with the Indian constitution guarantees of dignity, equality, and identity. “A trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman,” she declared. She also explained that trans women are entitled to the same protections as cisgender women under Section 498A of India’s penal code.
The court cited Articles 14, 15 and 21 of the country’s constitution in their decision. These sections guarantee equality before the law, prohibit discrimination based on sex, and protect the right to life and personal liberty respectively, according to the Washington Blade.
The case was brought forward by Viswanathan Krishnamurthy and his parents, who hoped to dismiss a dowry harassment case brought by trans woman, Pokala Shabana, who claimed that Krishnamurthy and his family demanded a dowry, abused her and threatened her life.
Kalki Subramaniam, a renowned trans activist and artist in India said this verdict “means a lot” to the trans community. “By affirming their legal status as women, the court has shattered discriminatory barriers and reinforced the fundamental principle that identity is valid and deserving of full legal protection. This ruling marks a significant moment of progress sending a clear message that our legal frameworks are evolving to be more inclusive and reflective of the diverse realities of our society. It is a victory for human rights and a beacon of hope for a more equitable future.”
