High Court in India rules that trans women are legally women

The High Court of Andhra Pradesh in India has ruled that trans women are legally women, rejecting the claim that womanhood depends on the ability to bear children.

Dr. Justice Venkata Jyothirmai Pratap, a Judge of the High Court of Andhra Pradesh, presided over the case, and said that tying the definition of a woman to pregnancy is “legally unsustainable.”

Quoting a 2014 Supreme Court decision that recognised the rights of “third gender” individuals, the judge said that denying trans women the right to identify as women “amounted to discrimination.”

The ruling was delivered on Wednesday 16 June.

The case came to light after a transgender woman, Pokala Shabana, sought protection under Section 498A of the Indian Penal Code in 2022.

The law was designed to protect women from cruelty by husbands or relatives.

Her in-laws challenged her use of Section 498A, arguing it applied only to cisgender women, relaying a trans woman cannot become pregnant.

“Denying such protection by questioning their womanhood amounts to discrimination”

However, drawing on constitutional protections, the judgement said: “A trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman.

“Denying such protection by questioning their womanhood amounts to discrimination.”

“What better reason could [there] be for celebrating this Pride Month” – Kalki Subramaniam

Kalki Subramaniam, a prominent trans activist and artist, told the Washington Blade: “I am relieved, the delighted and thank the Andhra Pradesh High Court and the judge for upholding our basic human right to be identified as what we want. What better reason could [there] be for celebrating this Pride Month?”

This judgment comes at a time when trans rights are being contested globally – notably in the UK, where recent court rulings have narrowed down legal definitions of ‘sex’.