Petition Has Andhra Pradesh HC Examining If A Transgender Woman Can File A Complaint Under Sec 498 A For Dowry Harassment
The transgender community faces a hard time being accepted the way they are in society. There is prejudice in the minds of people which leads the members of the community to be discriminated against. Not just that, it becomes difficult for them to live normal lives as they find it difficult to seek education, employment opportunities and even housing. There are some people who also have failed to understand what the term ‘transgender’ even means. So, they do not recognise the individual who has changed their gender with the new one. A similar petition has reached the Andhra Pradesh High Court. A petition has been filed by a man saying that a transgender woman cannot file a complaint of dowry harassment under Section 498A of the Indian Penal Code (IPC).
As per a report by Live Law, the petition has been filed by VK Murthy who said that it is understood by ‘plain reading’ that the one who files a complaint under Section 498A of the IPC for dowry harassment has to be a woman. He has also said in his petition that when a transgender woman files a complaint under this section, it does not stand valid. As per this petition, VK Murthy also wants to quash the criminal complaint filed by his wife against him, who is a transgender woman.
Taking the case into official consideration, a Single bench said that all criminal proceedings in this matter will be put on hold for eight weeks. They also said that this matter needs to be considered. The case is such that a transgender woman has filed a complaint and said that her husband’s parents have been harassing her by filing false cases against her. The couple was also trying to have a test-tube baby but her partner did not return. Upon enquiry, she learnt that he was being kept locked up by his parents so that he would be away from her.
Also read: Mumbai Court: ‘Natural’ For Women From Economically Weaker Classes To Do Household Chores And Work. Can We Stop Normalising Double Burden?
The woman also alleged that she received kidnapping threats after which she filed a complaint with the police under the dowry harassment case. It is in response to this complaint, that her husband has filed the petition questioning if she is eligible to do so.
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