Author Archives: Surabhi Shukla

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Hina Haneefa v State of Kerala and Ors WP (C) 23404/2020 (A) Kerala High Court

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Reading Time: 4 minutes

On the 15th of March, 2021, a single bench of the Kerala High Court issued a writ of mandamus to the National Cadet Corps to permit the applicant, a transgender woman, to apply as a candidate under the female category. This case provided an opportunity for the interpretation of Transgender Persons (Protection of Rights)Act, 2019 (2019 Act). Specifically, this case was crucial in holding that there were two rights granted under the 2019 Act: gender recognition and gender identity. They were distinct and came into operation at different times. In this blog, I will summarize the facts of the case, the arguments of the parties, and the decision of the court.

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S. Sushma and Anr. v. Commissioner of Police, Chennai and Others WP No. 7284/2021

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Reading Time: 5 minutes

A COUPLE, THE PARENTS, AND THE POLICE

In early June, 2021, the Madras High Court gave a truly unique order. The occasion arose when a lesbian couple ran away from their parental homes. As is often seen in such cases, the parents of the two women filed missing complaints with the police. The police interrogated the couple at their residence. They failed to close the case upon learning that the women were adults and had left their homes of their own volition, once again, not an uncommon occurrence in such cases. Feeling threatened for their safety both by the police and their parents, the women filed for a writ of mandamus before the Madras High Court. A writ of mandamus is an instrument which directs a public body to perform its duty. They prayed for a writ directing the police not to harass them and to protect them from threat and danger from their parents. The government advocate who represented the police confirmed that the police will be instructed to provide protection, no longer interfere with the petitioners, and close the missing cases immediately. The court ordered accordingly. 

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