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Indian court rules a transgender woman is a woman

Started by Lori Dee, June 26, 2025, 09:16:39 PM

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Lori Dee

India - Indian court rules a transgender woman is a woman
Activists across the country celebrated landmark decision
Link to Full Article
The Washington Blade - Ankush Kumar
Published June 25, 2025

The Andhra Pradesh High Court on June 16 issued a landmark ruling that says Indian law cannot deny transgender women recognition as women solely because they cannot bear children.

Justice Venkata Jyothirmai Pratapa, who presided over the case, rejected arguments that tie womanhood exclusively to reproductive capacity, declaring such views "legally unsustainable" and contrary to the Indian constitution's guarantees of dignity, equality, and identity. The decision, rooted in the Supreme Court's 2014 National Legal Services Authority v. Union of India ruling that recognized individuals as a "third gender" with equal fundamental rights, marks a significant step toward gender justice in India.

"A trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman," Pratapa declared.

"Denying such protection by questioning their womanhood amounts to discrimination," said the High Court in its ruling.

The Andhra Pradesh High Court rejected the petitioners' arguments, ruling that gender identity does not hinge on the ability to bear children and other biological factors. The court affirmed that trans women ... have the right to file complaints under Section 498A and are entitled to all constitutional protections afforded to women under the constitution.


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