Supreme Court to Deliberate on Transgender Women’s Eligibility to Invoke
Last Updated on November 2, 2023 by News Desk
Issue: Is it possible for a transgender woman who underwent sex reassignment surgery to be classified as an “aggrieved person” within the Domestic Violence Act of 2005 and to seek interim support in a domestic violence case?
Facts of the Case:The Appellant wedded the Respondent, a transgender woman who had received sex reassignment surgery, in 2016. The Respondent sought interim support in a lawsuit brought under the Domestic Violence Act. The Additional Sessions Judge affirmed the Judicial Magistrate First Class’s judgment of maintenance. Dissatisfied with this ruling, the Appellant petitioned the Bombay High Court, claiming that the Respondent did not fulfill the Act’s definition of a “aggrieved person” because the Act only applied to women in domestic relationships. He further argued that the Respondent lacked a certificate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, which would allow her to be classified as a woman under the Domestic Violence Act.
Arguments: The Appellant argued that the Respondent did not fulfill the description of ‘aggrieved person’ under the Domestic Violence Act, which specifically mentioned women in domestic relationships. The Respondent’s gender change identification was also highlighted in the absence of a certificate provided by the relevant authorities. In its decision, the High Court found that the concept of ‘aggrieved person’ should be read broadly in accordance with the Act’s goal of protecting women from domestic abuse. The Court cited Section 2(f) of the DV Act’s gender-neutral definition of domestic partnerships and the Transgender Persons (Protection of Rights) Act’s inclusion of transgender people regardless of whether they had sex reassignment surgery.
Reasoning: The Bombay High Court ruled that the term “woman” under the Domestic Violence Act should cease to be restricted to the binary meaning of women and males. It acknowledged that transgender people who underwent sex reassignment surgery had the right to the gender of their choice. The Court emphasized that the DV Act’s principal goal was to offer adequate protection for women experiencing domestic abuse, expanding the term of aggrieved individuals to include transgender people who have had gender reassignment surgery. The Court also cited the National Legal Services Authority v. Union of India decision.
Judgment: The Bombay High Court ruled on behalf of the Respondent, declaring that transgender women who underwent sex reassignment surgery are “aggrieved persons” under the Domestic Violence Act and, as such, have the right to seek protection and interim support under the Act. The Supreme Court granted permission to hear this issue in 2025, which will eventually rule whether a transgender woman may utilize the Domestic Violence Act and seek interim support.
Case Title: Vithal Manik Khatri V. Sagar Sanjay Kamble
Written By: Nikita Shankar @nikitaashankar
