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SANGEETA HIJRA VS. STATE OF BIHAR

Read the full judgement here
citation:

2017 SCC OnLine Pat 1040

court:

High Court of Patna

judges:

Justice Ahsanuddin Amanullah

KEY FACTS:

Sangeeta Hijra, a transgender woman filed her nomination for ‘female unreserved’ seat to contest the Patna Municipal election in 2017. The Deputy Development Commissioner of Patna (the “commissioner”) issued an order rejecting her nomination.

The order stated that Sangeeta Hijra was not eligible for the ‘female unreserved’ seat because she is a transgender person. Further, it stated that she should have filed her nomination for an ‘unreserved general’ seat instead.

Sangeeta filed a petition against the rejection of her election nomination.

ISSUES:

The court had to decide whether the commissioner’s order, rejecting Sangeeta Hijra’s nomination, was justified or not.

DECISION:

The court stated that according to the Supreme Court judgment in NALSA Vs Union Of India, every person can choose their own gender identity. Hence, she has the right to identify as a female and is eligible for relevant benefits.

Therefore the court held that Sangeeta Hijra was eligible to file her nomination for the ‘female unreserved’ seat.