In A Landmark Ruling, A Court In India Has Ruled That Trans Women Are Legally Women

The case was brought after a trans woman filed a case agains her in-laws and husband fro harassing her.

india trans women legal ruling

In a landmark ruling, a court in India has ruled that trans women are legally women.

india trans women legal ruling
Queer members of the LGBTQ community. (Photo by R.SATISH BABU/AFP via Getty Images)

This came after a trans woman, Pokala Shabana, filed a case against her in-laws and husband in 2022 for harassing her.

india trans women legal ruling
(Photo by R.SATISH BABU/AFP via Getty Images)

Shabana asked for a dowry under a law that helped protect women from abuse from their husbands and relatives.

india trans women legal ruling
Members of the LGBT community and supporters from various NGOs. (via EPA)

But her in-laws had argued that the law didn’t apply to her because she wasn’t legally a woman.

india trans women legal ruling
(via EPA)

At the time, Indian law defined a woman as someone who could get pregnant.

india trans women legal ruling
An Indian Hijra, or transexual, leads a protest march of sexual workers. (Photo by ROB ELLIOTT/AFP via Getty Images)

But on Saturday, June 16, a high court in India ruled that the definition was “completely incorrect and legally unsustainable”, adding it goes against the Indian constitution and amounts to discrimination.

Although the court ultimately dismissed Shabana’s case for a dowry due to lack of evidence, rights groups have still hailed the verdict as a step forward for LGBTQ rights in the country.

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