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 readingDoes 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.
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