Chennai: The Madurai bench of Madras HC upheld and validated the marriage of Sreeja and Arun Kumar. What is the big deal one may ask. Sreeja, though born a man, identifies herself as a woman and Arun, a man, became the first man-transwoman couple register their marriage in Tamilnadu.
Speaking about the historic happening, Chennai-based NGO, Sahodaran, that works with LGBTIQ community, general manager Jaya, said, “The judgment is a major victory for the community’s struggle and a progressive step in the rights of transpeople. It is not that the members of community do not find partners who accept and love them. However, the problem is that most times than not, these partners promise of marriage, only to exploit and forsake them; giving reasons like they want children or that they have no obligation to stay since they are not married. In such a scenario, this verdict makes the marriage legal and the husband responsible, thus the instances of abuse and exploitation will come down.”
Sreeja and Arun Kumar were denied of registering their marriage, stating that the application form did not have the option of transgender. This incident has led to the question of being sensitive towards the rights of transgender and other members of LGBTIQ community. Sreeja is one among the population, fighting nail and tooth, even for reiterating her basic rights.
RETHINKING CHOICES
To help the community, it may be recalled that the Supreme Court had given historic judgments in the past. Recognition of transgender as third gender in 2014 the and more recently, the decriminalisation of Section 377. But how have they affected them? When asked about it, Jaya said, “The rulings have widely had a positive impact. A lot of parents have started taking their homosexual/bisexual kids to doctor for ‘treatment’. The doctors, in turn, exploit the parents and in the pretext of curing them, cash in on the parents.”
She feels that, following the verdict, medical practitioners are hesitant to continue to do so. “The doctors can be dragged to courts for such practices now. The LGBTQ community feel empowered as they now have legal recourse for any abuse or discrimination meted out at them. Of late, educated parents now are rethinking and have begun to realise that even the law do not treat their kid as a criminal, giving a food for thought to their ward’s sexual identity and accepting them,” she adds.
Though the constitution guarantees equal rights under Article 14 and 21, the other existing laws in the country such as the laws of inheritance, adoption and marriage is not inclusive of LGBTQ community. The case of Sreeja and Arun Kumar is an exception, as they sought judicial intervention, but in reality, there is a need for a clause in the constitution.
LAWS AND MANDATES
Krishnaveni, a practising advocate in Madurai, who has closely dealt with many such cases for the rights of transgender community, says, “The law is slowly changing. Following a move to recognise the third gender, they have been provided reservation in government quota and educational institutions. This has come a long way in improving their quality of life in the society. For instance, Sreeja herself is a graduate and Radha became the first transgender to stand in the Lok Sabha elections.”
On judicial perspective, the advocate states, “Times are changing, everyone wants to respect and make way for them to live a dignified life. As for the issue of inclusivity in other laws, they would be amended only when issues crop up. If there comes a situation with respect to adoption and inheritance rights raised by the transgender community , the law has no choice but to change.”
ARTICLE BY HARSHAPREETHA SRIDHARAN