INDIA: LEGAL WATCH
MADRAS HIGH COURT RECOGNISES TRANSGENDERS RIGHT TO MARRIAGE
LANDMARK JUDGMENT HAS GOT NATIONAL IMPLICATIONS
2019-05-02 09:23
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In a path-breaking judgment, the Madras High Court recognised the right to marriage of transgender persons, in accordance with the Supreme Court decision in National Legal Services Authority v. Union of India (2014) 5 SCC 438 (‘NALSA’). In the present case, the petitioners were a couple, i.e., a cis-man and a transgender woman, who solemnised their marriage in Tuticorin, Tamil Nadu, as per Hindu rites and ceremonies, and sought to register their marriage under the Tamil Nadu Registration of Marriage Rules, which was denied. The State argued that under the Hindu Marriage Act, 1955 (‘HMA’), a marriage can be solemnised between a ‘bridegroom’ and ‘bride’, wherein the ‘bride’ refers to a woman (‘cis-woman’) and not a transgender person.