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 readingOn 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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On the 28th of September, 2018, a division bench of the Uttarakhand High Court ordered the State government to implement the NALSA[1] directions. In addition to the NALSA directions, the court also gave certain additional directions to the State government with respect to the transgender population. The court granted a six month period for the implementation of these directions (i.e. by the 15th of March, 2019) The writ petitions filed in this case were filed by transgender persons and specifically contended that some private persons were interfering in the area of operation. The petition did not clarify the nature or scope of the interference. The judgment reiterated the ruling in NALSA and took judicial notice of the fact that the directions passed by the Supreme Court in NALSA had not been implemented by the State government. The NALSA directions, in full were as follows: