Discover key legal insights and societal inclusion steps in DEI India today.
Re-entry allowed for people having undergone gender-affirming surgery abroad
The recent approach taken and the procedure submitted by the Ministry of External Affairs (MEA), allowing transgender individuals having undergone gender-affirming surgery outside India to re-enter the country, is surely a step in the direction of societal inclusion. In the case of Anahita Chaudhary v. Union of India & Anr. before the Hon’ble High Court of Delhi, The MEA outlined the procedure to allow updating the Indian passports upon re-entry. Upon their return, individuals can apply for a new passport that reflects their updated gender. They would have to submit a sworn affidavit confirming the gender change and a surgical certificate from the hospital where the procedure was performed. This approach further eliminates the need for a ‘Certificate of Identity for Gender Change’ under the Transgender Persons (Protection of Rights) Act, 2019.
Find the judgment here.
Reservation for transgender persons in Education and Public Employment
The Hon’ble Kerala High Court in Aneera Kabeer C v. State of Kerala & Ors. has directed the State Government to implement reservation for transgender persons in education and public employment within six months. Citing the NALSA judgement and other existing legal frameworks, the ruling underscored the need for inclusion and equal opportunities for the transgender community. The Court criticised the Government's inaction despite prior judgments and legislative provisions, urging affirmative action to “dismantle societal barriers”.
Read more here.
Proper Sanitation facilities to be made accessible in all judicial premises for everyone
The Hon’ble Supreme Court in Rajeeb Kalita v. Union of India directed all High Courts and State Governments to ensure the construction and availability of separate toilet facilities for males, females, persons with disabilities, and transgender individuals in all Court premises and Tribunals across India. Emphasising that access to proper sanitation is a fundamental right under Article 21 of the Constitution, the court stated that “…Toilets are a ‘facet of human rights’”. The Hon’ble Court has also mandated the constitution of a Committee in each High Court to oversee the implementation, ensuring these facilities are clearly identifiable and accessible to judges, advocates, litigants, and court staff.
Find the Order here.
Same Sex Marriage – Review Petition – Dismissed
In Supriyo v. Union of India, the Hon’ble Supreme Court of India has dismissed review petitions challenging its October 2023 verdict that refused to recognise same-sex marriages or civil unions. It stated that there was no error apparent in the judgment and no interference was warranted. The Court maintained that the right to marry is not a fundamental right for same-sex couples, leaving any potential legalisation to Parliament. Additionally, the Court upheld its decision that same-sex couples do not have the right to adopt children under current law.
Read the Order here.
International Updates
The United States of America to go back to recognising only 2 genders
In the President’s inaugural address, Trump discussed two executive orders, directing the federal agencies to use the term “sex” instead of “gender” and that the official documents including passports, visas “reflect sex clearly”. These orders are a starting point for the Trump administration’s “restoring sanity” agenda and putting an end to the “radical and wasteful” DEI initiatives. Officials from the White House have also mentioned that these orders will prevent the taxpayers’ fund being used towards gender-transition health care. These orders further disallow trans people from being a part of the military. During the first address, referring to the executive order, it was stated that the Trump administration would not entertain efforts to “socially engineer race and gender into every aspect of public and private life”.
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