Denying trans woman status of a ‘woman’ violates Constitution, says Andhra Pradesh HC

Denying a transgender woman the status of a “woman” is unconstitutional, the Andhra Pradesh High Court has held.

Justice Venkata Jyothirmai Pratapa in an order on June 16 said that a trans woman married to a man is entitled to file a criminal complaint of cruelty and harassment against her husband and his relatives under Section 498A of the Indian Penal Code.

This section addresses cruelty inflicted upon a married woman by her husband or his relatives.

The High Court made the observation while hearing petitions to quash a criminal case filed by a trans woman against her husband, his parents and a relative.

“To deny a trans woman the status of a ‘woman’…solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution,” the order said.

The High Court called such an argument “deeply flawed and legally impermissible.”

While Article 14 ensures equality before the law, Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth. Article 21 guarantees the protection of life and personal liberty.

The order also stated that a narrow view of womanhood based on the ability to reproduce “undermines the very spirit of the Constitution, which upholds dignity, identity, and equality for all individuals, irrespective...

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