Context: The Kerala High Court has allowed a transgender couple to be officially recognised as the ‘legal parents’ of their child on the birth certificate.
Relevance of the Topic:Mains: Evolution of Rights of Transgender People.
Background
- The petitioners (Zahhad, a trans man, and Ziya, a trans woman) were a transgender couple with their biological child (Zahhad gave birth).
- Initially, the Kozhikode civic body issued a birth certificate listing Zahhad as the “mother” and Ziya as the “father,” ignoring their self-identified genders, even though the couple had updated identity documents.
- Challenging this in the HC, the couple argued that the registration process violated their fundamental rights, including dignity, privacy, and equality. They also cited the Transgender Persons (Protection of Rights) Act, 2019, which upholds the right to self-perceived gender identity.
Ruling by the Kerala HC
In the landmark judgement- ‘Zahhad v. State of Kerala 2025’, a single-bench of Kerala High Court:
- Allowed the use of gender-neutral terminology, "parent" instead of assigning mother or father roles based on birth-assigned sex.
- The HC ruled that the law must evolve in tandem with new concepts of human life and societal changes. When a statutory provision on a particular point is not in line with such societal changes, the Court must intervene to address the genuine grievances of the parties concerned.
Landmark Cases Cited:
In its reasoning, the Court relied on certain landmark judgements, such as:
- Deepika Singh v. Central Administrative Tribunal: guardians or caretakers of the child may change with remarriage, adoption, or fostering. The legal understanding of “family” may include manifestations like queer families as well as single parents.
- NALSA v. Union of India: Recognised the right of transgender persons to self-identify their gender, affirming their inclusion within the constitutional guarantee of dignity and autonomy.
- Navtej Singh Johar v. Union of India: Decriminalised same-sex relationships and upheld the rights of LGBTQIA+ persons right to life and personal liberty.
- Badshah v. Urmila Godse: Emphasised the doctrine of “social justice adjudication,” urging the courts to bridge the gap between law and evolving societal needs.
Also Read: Embracing Diversity: Paving the Way for Transgender Inclusivity and Equality
The verdict is being hailed as a milestone for LGBTQIA+ rights in India, setting a precedent for inclusive documentation practices that respect diverse family structures.