Case Note & Summary
The petitioner, Anjali Guru Sanjana Jaan, a transgender person who identifies as female, filed a writ petition challenging the rejection of her nomination form by the Returning Officer for the Grampanchayat elections from a ward reserved for women-general category. The Returning Officer rejected her nomination on the ground that she is a transgender and there is no reservation for transgender category in the Village Panchayat elections. The petitioner relied on Section 4(2) of the Transgender Persons (Protection of Rights) Act, 2019, which recognizes the right to self-perceived gender identity, and the Supreme Court judgment in National Legal Services Authority v. Union of India, which held that transgender persons have the right to choose their gender identity. The State and the Election Commission submitted that they would not argue contrary to the law laid down by the Supreme Court. The petitioner's counsel made a categoric statement that the petitioner has opted for female gender identity for all purposes and will not switch to male gender in future. The court, relying on the NALSA judgment and Section 4(2) of the Act, held that the petitioner has the right to self-perceived gender identity and cannot be discriminated against. The court set aside the impugned order and directed the Returning Officer to accept the petitioner's nomination form and treat her as a female candidate for the women-general reserved ward. The court also directed that the petitioner's name be included in the list of contesting candidates and that she be permitted to contest the election.
Headnote
A) Constitutional Law - Right to Self-Perceived Gender Identity - Transgender Persons (Protection of Rights) Act, 2019, Section 4(2) - The petitioner, a transgender woman, was denied nomination for a women-general reserved ward. The court held that under Section 4(2) of the Act and the NALSA judgment, a transgender person has the right to self-perceived gender identity and cannot be discriminated against. The Returning Officer's rejection was set aside. (Paras 3-8) B) Election Law - Reservation for Women - Transgender Persons - The court held that a transgender person who identifies as female is entitled to contest from a seat reserved for women, as the reservation is based on gender identity and not biological sex. (Paras 3-8)
Issue of Consideration
Whether a transgender person who identifies as a female can contest an election from a ward reserved for women-general category.
Final Decision
The impugned order dated 31.12.2020 is set aside. The Returning Officer is directed to accept the nomination form of the petitioner and treat her as a female candidate for the ward reserved for women-general category. The petitioner's name shall be included in the list of contesting candidates and she shall be permitted to contest the election.
Law Points
- Right to self-perceived gender identity
- Transgender Persons (Protection of Rights) Act
- 2019 Section 4(2)
- NALSA judgment
- Reservation for women includes transgender women
