CLPR represented three transgender persons in appealing to the Madras High Court for the relaxation of the age bar for the post of grade II police constable.
Five years after the NALSA judgement, how have courts and government bodies fared in complying with the right to self-identify? This piece presents an analysis of cases in the High Courts which have dealt with self-identification of gender in employment, inclusion in the police force, and identification changes in educational certificates.
The fundamental right of transgender persons to marry individuals of their choice was recently affirmed by the Madras High Court in Arunkumar and Another. v The Inspector General of Registration and Ors. The High Court upheld a Hindu marriage between Arunkumar and Sreeja (a transwoman) which the Registrar of Marriages, Tuticorin had previously refused to register.… The Court looked beyond the facts of the case to address issues of self-determination, personal autonomy and freedom of self-expression, culminating in the recognition of transgender persons’ right to marry.
In 2018, CLPR filed a Public Interest Litigation before the High Court of Telangana on behalf of transgender rights activists seeking implementation of the Supreme Court’s directions in NALSA v. Union of India.
CLPR represented Dr. Akkai Padmashali, Uma Umesh, and Suma M in the Supreme Court to challenge Section 377 of the IPC. The Supreme Court held Section 377 as unconstitutional to the extent that it criminalised consensual sexual activity of any kind between adults. It was further held that the provision was manifestly arbitrary and violative of an individuals right to autonomy.
Marking the fourth anniversary of the NALSA judgment recognizing the right to self-identify one’s gender,…
The transgender community remains one of the most marginalized communities, discriminated against on a daily…
hile the NALSA judgment recognises the ancillary rights to vote, marriage, adoption, hold property etc., transphobia and the limited perceptions of society prevents equal access to education and employment. Prejudiced societal norms that manifest in biased behaviours have forced the transgender community to take up begging and enter the sex trade to make a livelihood. While the judgment is progressive and promising, there is much work pending at the ground level.
Three years down the line however, the Board seems to be languishing in bureaucratic lethargy. This is not because of the lack of initiative on the part of its members. The Board comprises of well-known and respected members of the trans community. Rather, the disenchantment with the Board stems from the lack of transparency in its creation, non-inclusiveness, internal divisions within the community and lack of a steady funding supply
The National Legal Services Authority v Union of India has the potential to play a…