In a landmark ruling in India, the High Court of Andhra Pradesh ruled that trans women were “legally entitled” to recognition as women, PinkNews noted.
Justice Venkata Jyothirmai Pratapa ruled that tying the definition of women to pregnancy was “legally unsustainable” and contradicted India’s constitution, which stresses equality before the law. Quoting a 2014 Supreme Court decision (in National Legal Services Authority v. Union of India, according to The Washington Blade) that legally recognized the rights of “third-gender” individuals, Pratapa said that barring trans women’s right to identify as women “amounted to discrimination.”
The case was brought to the high court in 2022 after trans woman Pokala Shabana sought protection from her in-laws, who allegedly abused her. Her husband’s parents petitioned the court to deny her use of Section 498A (which protects women from cruelty by a husband or relatives), claiming that it only applied to cisgender women; also, husband Viswanathan Krishnamurthy and his parents said that trans women don’t meet the legal definition of women under Indian law because they cannot get pregnant.
The court also noted Shabana’s claims of dowry harassment and cruelty lacked supporting material. It ruled that proceeding with the trial without prima facie evidence would constitute a misuse of the judicial process.
“This verdict is very progressive and a crucial step forward to the transgender community and gender equality,” Rani Patel, president and founder of the pro-LGBTQ+ organization Aarohan. “People said that we should give them separate toilets and classrooms, but that totally excludes them from the community. Many women also cannot give birth to a child, so that is totally different. If someone is carrying themselves as female, they should be honored with their status.”