{"id":84726,"date":"2019-04-26T12:34:16","date_gmt":"2019-04-26T07:04:16","guid":{"rendered":"http:\/\/factly.forumias.com\/?p=4173"},"modified":"2019-04-26T12:34:16","modified_gmt":"2019-04-26T07:04:16","slug":"breaking-new-ground-madras-high-court-upholds-marriage-between-man-transwoman","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/breaking-new-ground-madras-high-court-upholds-marriage-between-man-transwoman\/","title":{"rendered":"Breaking new ground: Madras High Court upholds marriage between man, transwoman"},"content":{"rendered":"\n<ol class=\"wp-block-list\"><li>The Madurai Bench of the Madras High Court has\nupheld that the marriage solemnised between a man and a transwoman was valid under\nthe Hindu Marriage Act, 1955 and ordered its registration. <\/li><li>The judgement comes in the backdrop of a case of\na couple who sought a direction to the Joint Registrar to register their\nmarriage that was solemnised at a Hindu temple as per Hindu rights and customs.<\/li><li>The High Court quoted the NALSA v. Union of\nIndia (2014) judgement which had established the right of transgender persons\nto decide on their self-identified gender. The court observed that the bride\nwho was being refused that status had chosen to express her gender as woman,\nand the State has no right to question it. <\/li><li>It further added that self-identification was\npart of her personal autonomy and denying it violated her right to privacy and\ndignity as guaranteed under Article 21.<\/li><li>The High Court has held that the expression\n\u201cbride\u201d occurring in Section 5 of the Hindu Marriage Act cannot have a static\nor immutable meaning. It quoted Justice G.P. Singh\u2019s Principles of Statutory\nInterpretation which says that the court is free to apply the current meaning\nof a statute to present-day conditions.<\/li><li>The high court has also directed the Health and\nFamily Welfare department to issue an order prohibiting the performance of sex\nreassignment surgery on inter-sex infants and children. The court highlighted\nthe need to keep them within the family and the mainstream of society by\nallowing to grow into their own sense of gender.<\/li><li>Madras High court\u2019s judgment has been highly appreciated\nby LGBTQI activists. It is a path-breaking judgement for the LGBTQI community,\nwhich is denied equal protection of laws with regard to civil rights.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"<p>The Madurai Bench of the Madras High Court has upheld that the marriage solemnised between a man and a transwoman was valid under the Hindu Marriage Act, 1955 and ordered its registration. The judgement comes in the backdrop of a case of a couple who sought a direction to the Joint Registrar to register their&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/breaking-new-ground-madras-high-court-upholds-marriage-between-man-transwoman\/\">Continue reading <span class=\"screen-reader-text\">Breaking new ground: Madras High Court upholds marriage between man, transwoman<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[956],"tags":[1799,1778,1800,1801],"class_list":["post-84726","post","type-post","status-publish","format-standard","hentry","category-schemes-and-programs","tag-civil-rights","tag-lgbtqi","tag-marriage","tag-transgender","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704689320},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/84726","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=84726"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/84726\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=84726"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=84726"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=84726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}