The definition of “pregnant persons”

Source: The post the definition of “pregnant persons” has been created, based on the article “According to SC, it is ‘pregnant persons’” published in “Indian express” on 8th May 2024.

UPSC Syllabus Topic: GS Paper 1- Society-Social empowerment

Context: The article discusses a Supreme Court (SC) ruling that broadened the definition of “pregnant persons” to include non-binary and transgender men, not just cisgender women. This shift promotes more inclusive language, supporting better legal and healthcare protections for diverse gender identities. Definition of Pregnant Persons

What is the definition of “pregnant persons“?

“Pregnant persons” is a term used by the Supreme Court to include all individuals capable of pregnancy, regardless of gender identity.

In the A (Mother of X) v. State of Maharashtra case, this term was used over 40 times by the bench led by Chief Justice D.Y. Chandrachud.

The definition covers non-binary people and transgender men, in addition to cisgender women.

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What is the context of the decision?

The Supreme Court ruling aligns with its Handbook on Combating Gender Stereotypes, which emphasizes unbiased legal language.

Chief Justice D.Y. Chandrachud stated outdated terms hinder the law’s transformative role and equality for all genders.

The decision follows the court’s earlier judgment urging legislative safeguards for same-sex couples.

What is the implication of the Supreme Court ruling that broadened the definition of “pregnant persons“?

1.Using gender-neutral terms promotes legal recognition and protection for all who can experience pregnancy.

2.Transgender and non-binary individuals often face discrimination in healthcare and legal settings. The ruling sets a precedent for inclusive language.

3.The court’s decision may influence legislative safeguards for same-sex couples, as it did in its judgment on same-sex marriage.

4.This change could gradually shift social and legal understandings of gender and family toward inclusivity.

Question for practice:

Discuss the implications of the Supreme Court ruling that broadened the definition of “pregnant persons”.