This entry concerns the application of the self-identity principle of gender determination in a pension matter. This simple looking judgment of May 2022 not only sees transgender women as women but also by the correct application of the NALSA judgment and the Transgender Act 2019[1], confers financial rewards on the correct constituents.
Continue readingThis case is significant not only for transgender persons’ reservation rights post the 2019 enactment but also for settling an important constitutional question: what is the status of un-legislated Supreme Court directions?
Continue reading1. The Petition
This case followed the S. Sushma style of continuing mandamus issued by the court to monitor the progress on the NALSA directives, among other things. The cause of action was the denial of rations to certain portions of the transgender community during COVID. The petition, filed in the High Court of Patna in May 2020, prayed for 25 kgs. of rations for all members of the transgender community, monetary assistance for six months’ rent, a speedy grievance redressal system, and a one-stop facilitation centre. In this blog, I will summarise the proceedings under this petition.
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