Facts:
A transwoman who had undergone gender affirmative surgery and hormone
replacement therapy and thereby completed medical transition sought to participate
in the District Level Judo competition organized by the State of Kerala. An active
sportsperson with experience in athletics, judo, and wrestling at the University level in
the transgender category, Anamika’s application to participate was initially rejected on
the grounds that transgender persons were not allowed to compete in the women’s
category. Citing the Supreme Court’s decision recognising the right to gender identity
in NALSA, Anamika argued for her right to compete in the women’s category.
Court Decision and Reasoning:
The Kerala High Court recognized the equal rights of transgender individuals to
participate in sports. Here in the absence of any category for transgender persons, the
Petitioner was seeking to participate in the female category given her identity as
woman. Since there was an absence of a separate category of transgender persons,
the Court directed that the Petitioner must be permitted to participate in the chosen
category.
Significance:
In this case, not only did the Court uphold the right to equality of opportunity for
transgender persons as far as competing in sports and other competitions were
concerned, but also ensured that in the absence of a separate category for
transgender persons, the Petitioner was allowed to participate in the female category,
respecting her right to self-determination.