0

Devu G Nair v State of Kerala and Ors 2024 INSC 228 (Supreme Court)

Reading Time: 5 minutes

I. The Supreme Court Deals with Queer Women

Finally, the Supreme Court has dealt with a matter specifically concerning the lived experiences of queer women and persons raised as women. When they run away to escape family violence, often one or both sets of parents file missing complaints, or kidnapping charges against the partners. If apprehended, they are detained by their natal families. Case analysis has shown that in many instances the police and courts side thoughtlessly with the family. In such cases, habeas corpus petitions have been immensely useful in securing the couple’s freedom. Through these petitions the court summons the allegedly detained person (detenue) to court to ascertain their will. In this case the court passed important directions on how to deal with runaway cases.

Continue reading

0

Kantaro Kondagari @ Kajol v State of Odisha and Ors WP (C) 4779 of 2022

Reading Time: 2 minutes

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 reading
0

Malathy SB and Ors v. State of Karnataka and Ors WP 11745 of 2023 Kar HC

Reading Time: 4 minutes

This month’s entry concerns a case which arose through an unfortunate series of incidents, but which signposts to important future developments in sexual orientation and gender identity laws in the country. In this matter, an employee of a Bangalore based company alleged harassment regarding his sexual orientation and caste identity. The case presents a complex factual situation in which the employee felt increasingly undervalued in the organization; his work received neither recognition nor feedback, his superiors did not speak to him professionally, and jokes and innuendos about his sexual orientation peppered the sarcastic remarks made to him by his colleagues. When he complained to his superiors, things got worse and his colleagues taunted him calling him a snitch (Arrey sir aapse kaun kya bolega, kise apni Naukri nahi pyari hai !’/’ Arrey sir lijiye kursi lijiye warna meri naukri chali jayegi). The employee finally committed suicide but before taking his life, he filed a sexual harassment complaint with his company and a case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Upon his death, his father filed an abetment to suicide case against his alleged harassers, viz., colleagues and superiors from the company. The present case asked whether the abetment case could be quashed. The consideration of the question raised an important question of law and fact. I shall take each in turn.

Continue reading