Transgender Person Becoming Woman Through Surgery Can Also Claim Rights Under DV Act, Says Bombay HC
This is great!
It’s a relief to hear verdicts supporting the rights of a woman and in this case irrespective of whether she was a woman from her birth or not. In a recent judgement by the Bombay High Court, a smashing judgement was passed by the single bench judge Justice Amit Borkar who upheld the rights to Domestic Violence acts of a transgender person who changed her sexuality to a woman through surgery. This path-breaking statement was passed on March 16 while hearing the plea of a man charged under the DV act.
The single bench of Justice Amit Borkar during the court hearing of a man’s plea with allegations of Domestic Violence by his wife made some strong statements. For the argument, the man challenged his wife’s complaint on the point that she was a transgender person before becoming a woman. And further argued that the DV act rights were only for women and his wife did not fit the criteria.
In response to this argument, Justice Amit Borkar stated that even a transgender person who chose to accept the sexuality of a woman through surgery could rightfully use the DV act. The judge also added that the definition of “Woman” is not just decided by the two genders of men and women. It also includes transgender people who changed their sexuality through surgery, as per the news.
The justice rejected the plea by the man and ordered him to pay all the maintenance money to his wife within the next four weeks.
Also Read: Delhi High Court Condemns Virginity Test, Calls It Sexist And Unconstitutional
Coming from a high court, this is a huge statement and win for the women. The high court’s redefining woman, in this case, is commendable actually. The point that a woman suffered from the terrors of domestic violence remains the truth in this case, and it does not depend on the fact that she changed her identity. The High Court made this loud and clear with this statement.
