goverRIGHT IN QUESTION Whether the Court should grant the Petitioner anticipatory bail for sharing a video about the self-immolation of a transgender person in a police station? And, whether it should direct the Government of Tamil Nadu to frame an employment and livelihood scheme for transgender persons? FACTS The petitioner published a YouTube video concerning […]
M. SRINIVASAN V. STATE THROUGH THE INSPECTOR OF POLICE AND ANR.
Facts: The case originated from an incident involving the second respondent, a transwoman named Neka, who was abused by the Petitioner, and she had filed a complaint under the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and under the IPC. The Accused filed a petition under section 482 of the Criminal Procedure Code […]
SARATHA V. THE MEMBER SECRETARY, TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD
Facts: A writ petition was filed challenging the concessions and relaxations granted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB) for transgender candidates in the notifications calling for applications to the post of Grade-II Police Constables. Court Decision and Reasoning: The High Court distinguished reservations from concessions and relaxations noting that concessions and relaxations […]
S. SUSHMA AND ORS. VS. COMMISSIONER OF POLICE, GREATER CHENNAI POLICE AND ORS.
KEY FACTS: The Petitioners in this case are a lesbian couple. Both their parents opposed the relationship.The Petitioners fled to Chennai from their respective homes in Madurai because of the fear of getting separated. The parents of the Petitioners filed missing complaints for their respective daughters with the police. The police started interrogating the Petitioners […]
SWAPNA & ORS. v. CHIEF SECRETARY & ORS.
KEY FACTS: Swapna, Grace, Selvi, Living Smile Vidya & Selvam filed a petition for reservation in employment and education. This petition directed the respondents to permit transgender persons to appear in all examination under the category of female and transman under the category of male and create a separate class or group for Transgender people […]
MANSUR RAHMAN VS. THE SUPERINTENDENT OF POLICE & ANR.
KEY FACTS: The Petitioner was in love with Janifer, a transgender woman and married her on 25 July 2018. The Petitioner’s parents and persons belonging to a political outfit were harassing the petitioner and threatening him because of his marriage to a transgender person. Thus the petitioner was seeking police protection. ISSUE: The primary issue […]
ARUNKUMAR & OTHER VS. THE INSPECTOR GENERAL OF REGISTRATION & OTHERS
KEY FACTS: Arunkumar got married to Sreeja, a transwoman, on 31 October 2018 at a temple in Tuticorin, as per Hindu rites and customs. When they submitted a memorandum for registration of marriage to the Joint Registrar No. II of Tuticorin, the Registrar refused to register the same. The petitioners challenged this decision before the […]
JACKULINE MARY VS. THE SUPERINTENDENT OF POLICE, KARUR
KEY FACTS: The state police force recruited Jackuline Mary for the post of a ‘woman police constable’. During the initial medical examination after selection, the medical officer recorder her gender as “transgender”. The subsequent medical reports also noted that “she is transgender by birth“. Consequently, the State terminated her appointment on the ground that she concealed […]
S. THARIKA BANU VS. HEALTH & FAMILY WELFARE DEPARTMENT
KEY FACTS: Tharika Banu applied for an undergraduate degree at Siddha Medicine and Surgery (BSMS). She had applied under the Scheduled Caste (SC) and transgender category. However, Tharika’s admission core fell under the qualificatory score of 50% by a small margin. Consequently, Tharika did not qualify for BSMS’ merit list and her application was rejected. ISSUES […]
JAYALAKSHMI VS. STATE OF TAMIL NADU
KEY FACTS: A transgender woman, Pandian was routinely interrogated by the police for her alleged involvement in a case of theft over a period of one month. As per her bail conditions she was required to report at the Vyasarpadi Police Station every day at 10:00 am. Despite this, a police officer would pick up […]
THE CHAIRMAN VS. ARADHANA
KEY FACTS: Aradhana, a transgender woman, filed a petition before High Court of Madras against an advertisement inviting applications for the post of Grade II constable. She argued that the advertisement did not allow a relaxation in the age limit of applications submitted by transgender persons. A single judge had passed an interim order, directing the Chairman of […]
MANJU VS. STATE OF TAMIL NADU
KEY FACTS: Manju, a transgender woman, applied for the post of a police constable. Manju passed the written test and most activities in the physical test. However, she did not complete the 100-meter sprint within the required time limit. The Tamil Nadu Uniformed Services-Recruitment Board disqualified her. She approached the High Court challenging her disqualification. ISSUES: The Court had […]
K. PRITHIKA YASHINI VS. CHAIRMAN, TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD
KEY FACTS: K. Prithika Yashini was a transgender woman who applied for the post of Sub-Inspector. The selection process consisted of three steps: a written test, physical test and viva voce (oral examination). Despite the Supreme Court judgment in NALSA v Union of India, the application form for the selection did not account for “third gender” applicants. Prithika approached […]
NANGAI-III V. THE SECRETARY TO GOVERNMENT OF TAMIL NADU
ISSUE Whether the court can direct the Police to appoint Nangai-III, a woman who does not have a uterus, to the post of police constable she was selected for? KEY FACTS Nangai-III (name changed) was selected for the post of grade II woman police constable. Before her appointment, she was required to undergo a medical […]
NANGAI-II V. DIRECTOR GENERAL OF POLICE
ISSUE Whether the termination of Nangai- II was based on a resignation letter obtained by force because of her variations in sex characteristics? KEY FACTS Nangai- II (name changed) was assigned female at birth and lived her entire life as a woman. She was selected for the post of a woman police constable and passed […]
NANGAI V. SUPERINTENDENT OF POLICE
ISSUE First, whether Nangai, a woman with variations in sexual characteristics, is eligible for appointment as “Woman Police Constable”? Second, whether the termination of her services for having such variations in sexual characteristics is wrong in law? KEY FACTS Nangai (name changed) was assigned and registered as female at birth. Nangai’s documents, including her birth […]
S. SWAPNA V. STATE OF TAMIL NADU
ISSUE Whether the Joint Director of School Examination erred in rejecting Swapna’s application for fresh certificates reflecting her chosen name and gender? KEY FACTS Swapna, a transgender woman applied for fresh 10th grade SSLC and HSC certificates indicating her chosen name and gender identity. The Joint Director of School Examination (JDSE), Tamil Nadu refused to […]
N.D. VISHNU PRIYA V. DIRECTORATE OF SCHOOL EDUCATION
ISSUE Whether a transgender woman can apply for change of name and gender in her educational documents and passport? KEY FACTS Vishnu Priya is a transgender woman who applied for changes in her identity documents after undergoing sex-reassignment surgery. She wanted her gender and name to be changed in her passport and educational certificates. She […]
K. GOWTHAM SUBRAMANIYAM V. CONTROLLER OF EXAMINATION, ANNA UNIVERSITY
ISSUE Whether Anna University should be directed to change Gowtham’s name and gender in his educational certificates? 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 […]