KEY FACTS: The petition concerns Sonu Krishna Jena (the name assigned at birth – Chinmayee Jena), a transman who had been in a consensual relationship with his romantic partner Rashmi (original name withheld) since 2017 and chose to be in a live-in relationship together at their apartment in Bhubaneshwar. On 9th April 2020, Rashmi’s mother […]
DR. MUHAMMAD ASLAM KHAKI VS. S.S.P, RAWALPINDI
KEY FACTS: Dr Mohammad Aslam Khaki, an Islamic scholar, filed a case on behalf of the transgender community. Khaki argued for legal recognition and equal treatment of transgender persons, under the Constitution of Pakistan. ISSUES: The Constitution of Pakistan recognises the right to equal treatment of all citizens. It allows public authorities to make provisions […]
RAJANI SHAHI VS. NATIONAL WOMEN COMMISSION
KEY FACTS: Rajani Shahi was in a heterosexual marriage with Pradip Shahi. She came out as a lesbian to her husband. She filed a divorce against her husband to live with her partner, Ms. Nepali. Her husband then abducted her and forced her to live with him. Rajani approached the National Women Commission (NWC) to […]
ASHISH KUMAR MISRA VS. BHARAT SARKAR
KEY FACTS: A public interest petition was filed regarding food security of transgender persons under The National Food Security Act, 2013 (NFSA). Section 13 of the NFSA deals with who is considered the “head of the household”. The section is gender-specific. It mandates that the head of the household must be the eldest female, or in […]
NAVTEJ SINGH JOHAR VS. UNION OF INDIA
KEY FACTS: Section 377 of the Indian Penal Code (IPC) criminalised consensual sexual intercourse between persons of the same sex for being “against the order of nature”. In 2009, before the Delhi High Court, the Naz Foundation (India) Trust (“Naz”) challenged the constitutionality of Section 377 for violating Articles 14, 15, 19 and 21 of the Constitution. The court ruled that punishing […]
S. SWAPNA VS. STATE OF TAMIL NADU
KEY FACTS: Swapna, a transgender woman applied for fresh SSLC and HSC certificates indicating her new name and gender identity. The Joint Director of School Examination (JDSE), Tamil Nadu refused to provide them to her. The JDSE stated that the current rules do not allow such name and sex changes. She had submitted her medical […]
SHRI VINOD H.N VS. STATE OF KARNATAKA
KEY FACTS: Vinod H.N., the petitioner was born intersex. In his birth documents, this was listed as a medical condition called “severe perianal hypospadasis(intersex variation). Vinod identified as male and wanted to change his name to Vinod H.N. in all important documents. He filed a writ petition before High Court seeking a name change. He […]
NATIONAL LEGAL SERVICES AUTHORITY (NALSA) VS. UNION OF INDIA
KEY FACTS: This case was filed by the National Legal Services Authority of India (NALSA) to legally recognize persons who fall outside the male/female gender binary, including persons who identify as “third gender”. ISSUES & DECISION: The Court had to decide whether persons who fall outside the male/female gender binary can be legally recognised as […]
K. GOWTHAM SUBRAMANIYAM VS. CONTROLLER OF EXAMINATION, ANNA UNIVERSITY
KEY FACTS: Gowtham was assigned female at birth. His educational certificates reflected the name and gender as assigned at birth. After graduating from Anna University in Tamil Nadu, Gowtham underwent sex-reassignment surgery. Consequently, he changed his identity in identity documents. He then approached Anna University to have his name and gender changed on his educational […]
MULLA FAIZAL VS. STATE OF GUJARAT
KEY FACTS: Mulla Faizal was assigned and recorded as female at birth despite having intersex characteristics. As an adult, he had naturally developed more male characteristics and obtained medical and psychological certificates confirming his gender as male. Additionally, Mulla Faizal also underwent surgical procedures to align himself with the male gender. Consequently, when he approached […]