In a groundbreaking decision, the High Court of Andhra Pradesh has ruled that transgender women are legally recognised as women under Indian law. The judgment marks a significant win for transgender rights in a country where legal protections for LGBTQ+ individuals remain a topic of national debate.
Justice Venkata Jyothirmai Pratapa, who presided over the case, dismissed the argument that womanhood is strictly tied to the ability to bear children. He stated such a definition was “legally unsustainable” and in direct conflict with constitutional protections guaranteeing equality and personal liberty.
Drawing on the Indian Supreme Court’s 2014 ruling that recognised “third gender” individuals, Justice Pratapa said barring transgender women from identifying as women amounted to discrimination.
The case centred around transgender woman Pokala Shabana, who sought legal protection under Section 498A of the Indian Penal Code—a law designed to shield women from cruelty by their husbands or in-laws. Shabana alleged abuse from her husband’s family. However, her in-laws argued she was ineligible for this protection because, as a transgender woman, she could not conceive children and therefore did not meet their definition of a woman.
The court, however, disagreed, ruling that Articles 14, 15, and 21 of India’s Constitution—covering equality before the law, protection against discrimination, and the right to life and liberty—affirm Shabana’s rights as a woman.
“A trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman,” Justice Pratapa stated in his ruling. “Denying such protection by questioning their womanhood amounts to discrimination.”
Trans rights advocate and artist Kalki Subramaniam welcomed the verdict. Speaking to the Washington Blade, she said, “For [the] transgender community, especially trans women, this verdict means a lot. I’m relieved and delighted to see the court upholding our basic human right to be identified as what we want.”
Despite this judicial advancement, broader LGBTQ+ rights in India remain contested. Same-sex marriage remains illegal, with the Modi government firmly opposing its recognition. In 2023, the government stated in a legal affidavit that marriage should remain defined strictly as a union between “biological males and females”, describing calls for same-sex marriage as an “elitist” concept that threatens traditional norms.
Nonetheless, this latest ruling has been hailed as a vital affirmation of the identity and rights of trans women in India.
