Breaking News
1. AI breakthrough in breast cancer detection: New study claims over 17% improvement in screening accuracy      2. Inflows into equity mutual funds jump 14.5% to Rs 41,156 crore in December: AMFI      3. ONGC expects additional revenue of up to $10.3 billion from BP’s intervention in Mumbai High field      4. Pravasi Bharatiya Divas LIVE: India will fulfill world’s demand for skilled talent, says PM Modi      5. India-Taliban talks: Region in flux and 5 reasons behind Delhi’s decision to engage Kabul      6. California wildfire: Burning Los Angeles looks ‘apocalyptic’ in scary visuals      7. Tirupati stampede: Andhra Pradesh government announces ex-gratia of ₹25 lakh to next of kin of deceased      8. Massive fire at Varanasi railway station parking, over 200 vehicles gutted      9. First Sambhal, Then Ajmer: Ex-CJI Chandrachud Under Fire For ‘Opening Floodgates’ Of Survey Pleas      10. Chennai Airport Shut, Trains Hit As Cyclone Fengal Intensifies      11. 2nd Hindu Priest Arrested In Bangladesh Amid Protests: ISKCON Member      12. Man climbs mobile tower in Kota, threatens suicide over his tractor seizure      13. Body of 2-year-old, his grandmother recovered from river in Manipur      14. Bodies of six abducted in Jiribam found; Kerala CM and UDF leaders argue over BJP defection      15. Several flights, trains disrupted as Delhi covered in smog, visibility down      16. Delhi air quality: AQI at this Delhi station above 1500      17. Pawan Kalyan condemns deaths of 2 Hindu girls in Pakistan who faced ‘atrocities’      18. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      19. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      20. Samosas, cakes meant for Himachal Pradesh CM Sukhu served to his security staff instead; CID probe on     

Domestic Violence Act Extends Protection To Transgenders Undergoing Gender Reassignment Surgery

  • Posted on April 2, 2023
  • News
  • By Arijit Dutta
  • 320 Views
1680400978-UbtS5Xg3qD.png
Domestic Violence Act Extends Protection:-


The Bombay HC in a recent ruling has held that transgender women can also be governed under the provisions of the Domestic Violence Act when a man filed a petition against his wife, who was transgender before marriage.


Domestic Violence Act Extends Protection
Domestic Violence Act Extends Protection

Why did Husband File the Petition?

The man had married the woman, who had undergone a gender change surgery one month before their marriage in July 2016. Due to some differences between them, the woman approached the court seeking interim maintenance under the DV Act wherein the Baramati magistrate court had ordered the husband to pay her 12000/month in 2019. Aggrieved with the order the petitioner moved to the Sessions court challenging the order since the respondent-wife was not born as a woman but his petition was rejected hence, the man through his Advocate Sushant Prabhunne approached the HC  in 2021.

What did Court Say?

The primary issue before the court was whether a transgender person who undergoes a gender reassignment surgery can be called an "aggrieved person" within the meaning of Section 2(a) of the DV, Act, 2005.

The court made certain observations in coming to the instant decision. Section 2(f) of the act defining "domestic relationship" is gender neutral. Section 2(k) of the Transgender Persons (Protection of Rights) Act defines transgender persons irrespective of any sex reassignment surgery and Section 7 of the act also enables a person undergoing such surgery to get his/her gender changed by filing an application before the magistrate. The court also relies on the National Legal Services Authority v. Union of India and in conjunction with Section 2(a) in which the word "woman" controls its amplitude said that transgender persons undergoing sex reassignment surgery are entitled to the gender of their choice. Section 2(a) doesn't limit "woman" to a binary of man and Women and transgender persons undergoing sex reassignment surgery are also included.


Domestic Violence Act Extends Protection
Domestic Violence Act Extends Protection

For more updates keep visiting our website www.topstoriesworld.com where we provide unbiased, true, and top stories of the world.


Author
No Image
Author
Arijit Dutta

You May Also Like