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 readingCategory Archives: The Transgender Persons (Protection of Rights) Act, 2019
S. Tamilselvi v The Secretary to the Govt, Health and Family Welfare Department and Ors (WP No 26506/2022 and Ors- Madras High Court)
This 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 readingMatman Gangabhavani v State of Andhra Pradesh and Ors WP No 16770 of 2019 (AP High Court)
Does a public appointment advertisement that fails to include transgender persons violate the constitution and offend the NALSA reservation direction? A single judge of the Andhra Pradesh High Court was faced with this particular question in this instance. Summarily, he found that though such advertisement offends equality, it does not violate the NALSA reservation direction because of certain context specific reasons. In this blog, I will deal with the equality analysis and the reservation analysis of the court.
Continue readingHina Haneefa v State of Kerala and Ors WP (C) 23404/2020 (A) Kerala High Court
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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