Domestic Violence Act Extends Protection To Transgenders Undergoing Gender Reassignment Surgery
- Posted on April 2, 2023
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- By Top Stories
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Domestic Violence Act Extends Protection:-
The Bombay HC in a recent ruling has held that transgender women can also be governed under the provisions of the Domestic Violence Act when a man filed a petition against his wife, who was transgender before marriage.
Why did Husband File the Petition?
The man had married the woman, who had undergone a gender change surgery one month before their marriage in July 2016. Due to some differences between them, the woman approached the court seeking interim maintenance under the DV Act wherein the Baramati magistrate court had ordered the husband to pay her 12000/month in 2019. Aggrieved with the order the petitioner moved to the Sessions court challenging the order since the respondent-wife was not born as a woman but his petition was rejected hence, the man through his Advocate Sushant Prabhunne approached the HC in 2021.
What did Court Say?
The primary issue before the court was whether a transgender person who undergoes a gender reassignment surgery can be called an "aggrieved person" within the meaning of Section 2(a) of the DV, Act, 2005.
The court made certain observations in coming to the instant decision. Section 2(f) of the act defining "domestic relationship" is gender neutral. Section 2(k) of the Transgender Persons (Protection of Rights) Act defines transgender persons irrespective of any sex reassignment surgery and Section 7 of the act also enables a person undergoing such surgery to get his/her gender changed by filing an application before the magistrate. The court also relies on the National Legal Services Authority v. Union of India and in conjunction with Section 2(a) in which the word "woman" controls its amplitude said that transgender persons undergoing sex reassignment surgery are entitled to the gender of their choice. Section 2(a) doesn't limit "woman" to a binary of man and Women and transgender persons undergoing sex reassignment surgery are also included.
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