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Breaking New Ground: Transgender Persons’ Fundamental Right to Marry

June 24, 2019

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.