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Indian Express
10 hours ago
- Politics
- Indian Express
The diversity of families: Kerala HC does well to back transgender co-parenting
In a reassuring affirmation of dignity and equality, the Kerala High Court has recognised a transgender couple from Kozhikode as the legal 'parents' of their biological child. The transgender man who gave birth in 2023, and his partner, had sought recognition as co-parents without gender-binary labels so that their child's future — especially with regard to identification documents and school admission — is not impeded. While the Court declined to read down the format mentioned in the Registration of Births and Deaths Rules, 1999, saying that this was a 'rare and exceptional' case, it has directed authorities to issue a birth certificate that reflects the gender-neutral term instead of the conventional 'father' and 'mother'. In its observation, the Court emphasised that in certain instances, 'social justice adjudication' must take precedence over an 'adversarial approach'. In doing so, it broadened the legal imagination around family, gender, and parenthood. In August 2022, granting maternity leave to a central government employee who had previously availed it for the care of her step-children, a bench comprising Justices D Y Chandrachud and A S Bopanna had observed that 'atypical' families are equally deserving of legal protections and social welfare benefits. 'The black letter of the law must not be relied upon to disadvantage families which are different from traditional ones,' they had held. The apex court's refusal to extend civil union or joint adoption rights to LGBTQIA+ couples and its deferral of substantive rights to legislative reform — despite acknowledging queer love and lived discrimination — however, has come as a setback after years of progressive milestones, such as the 2014 NALSA verdict recognising the rights of transgender persons and the 2018 Navtej Johar ruling that decriminalised same-sex relations. In such circumstances, the Kerala High Court's verdict offers a template for affirming queer parenthood within the existing legal framework — and places the child at the centre of that empathetic recognition. It asserts that constitutional dignity cannot wait for political consensus. Days after the Kerala HC verdict, the Madras High Court, while ruling on a habeas corpus petition by a woman forcibly estranged from her lesbian partner, upheld her right to 'find a family'. 'The concept of a 'chosen family' is now well-settled and acknowledged in LGBTQIA+ jurisprudence,' the division bench said. In a country grappling with entrenched social prejudices, these affirmations of diversity reflect a welcome judicial sensitivity to the complexities and plurality of lived experience. They validate, with quiet strength, the right to belong — not as a privilege granted conditionally by tradition, but a truth that embraces every identity, even those that challenge convention.
Hans India
02-06-2025
- Politics
- Hans India
Kerala HC rules transgender parents be designated just 'parent' in child's birth certificate
Kochi: The Kerala High Court on Monday ordered that the gender details of Kerala's first transgender parents in their child's birth certificate be changed from "mother" and "father" to just "parent" for both partners. While the Pinarayi Vijayan government often says it is the first state government to have come out with a transgender policy, the transgender parents failed to get justice from the CPI-M ruled Kozhikode Corporation when they first approached it to modify their child's certificate, and then, took legal recourse. A bench of Justice Rahman passed the order on the plea by Zahhad, a transman (assigned female at birth but identifying as a man) and Ziya Paval, a transwoman (assigned male at birth but identifying as a woman), who are the first openly transgender couple in Kerala. "This writ petition is disposed of directing the fifth respondent to issue a birth certificate with the modification by removing the columns of names of father and mother and by incorporating the names of the petitioners as parents without referring to their genders," the court ruled. The transgender couple was in the news in February 2023 when Zahad gave birth to their child. The birth certificate of the child registered by the Kozhikode Corporation recorded the mother's name as Zahad (transgender) and the father's name as Ziya (transgender). Zahad and Ziya approached the Corporation to change the details in their child's birth certificate to indicate both of them as just 'parents' rather than mother and father. But the Corporation authorities rejected their request, and the couple then approached the High Court seeking relief. "Since scientifically there's some contradiction in the fact that a male is giving birth to a child, the petitioners requested the authorities to avoid the name of father and mother but simply writing 'parent' to avoid further embarrassment which the third petitioner (child) would have to face during her life time viz. school admission, Adhar Card, PAN Card, Passport and various other documents including job and connected matters," the parents contended. They also pointed out that the denial of such a certificate is a denial of their and their child's fundamental rights. Moreover, the denial of the new certificate goes against the dictum laid down by the Supreme Court in the landmark NALSA case. They further added that various other countries allow couples, especially same sex couples, to choose their title in their child's birth certificate from among 'mother', 'father' and 'parent'.
India Today
20-05-2025
- Politics
- India Today
Court orders appointment of domestic violence Protection officers within 6 weeks
The Supreme Court on Tuesday mandated all states and Union Territories to appoint designated Protection Officers within six weeks in order to improve the enforcement of the Protection of Women against Domestic Violence (DV) bench, comprising Justice BV Nagarathna and Justice Satish Chandra Sharma, took note of the lack of appointed Protection Officers in many regions and issued clear instructions for states and UTs to designate 'one officer of the Women and Child Development Department or the Social Welfare Department at every District and Taluka level' under the Protection Officers are the first point of contact for women subjected to physical, mental, sexual, or financial violence within the family. These officers are responsible for ensuring appropriate action, initiating legal proceedings, and monitoring the safety and welfare of the affected women. Despite the DV Act being in force for two decades, its implementation remains uneven across the issue stems from several states assigning the responsibilities under the DV Act to officials already handling the Integrated Child Development Scheme (ICDS), which includes child welfare and protection duties. Senior advocate Shobha Gupta, representing the NGO "We the Women," argued that these officers are overburdened and unable to manage the workload, leaving vulnerable women and children unsupported.'Designating ICDS or Anganwadi workers as PO will not be enough,' Gupta various state governments cited logistical challenges such as recruitment, training, and funding as obstacles to appointing dedicated officers, Justice Nagarathna noted, 'Maybe it's an ideal long-term situation that a cadre may be created, but we cannot say someone else cannot come and help in the meantime.'The Court also directed the Central Government and the National Legal Services Authority (NALSA) to support the Act's enforcement. The bench instructed NALSA's Member Secretary to coordinate with state and UT legal services authorities to publicise the availability of free legal aid and advice for vulnerable women at the district and taluka InMust Watch
India Today
11-05-2025
- Politics
- India Today
President nominates justice Surya Kant as National Legal Service Authority chief
The President of India has nominated Justice Surya Kant, Judge of the Supreme Court, as the new Executive Chairman of the National Legal Services Authority (NALSA). The appointment will come into effect from May 14, Executive Chairman, Justice Surya Kant will lead NALSA in its mission to ensure free and accessible legal aid to citizens across India, particularly those belonging to marginalised and economically weaker leadership is expected to reinforce the constitutional mandate of Article 39-A, which aims to guarantee that justice is not denied to any citizen due to financial or social nomination has been made under Clause (b) of sub-section (2) of Section 3 of the Legal Services Authorities Act, 1987. The Ministry of Law and Justice published a notification in the Official Gazette on May 9, 2025, confirming the convention, the post of Executive Chairman is held by the second senior-most judge of the Supreme Court. Justice Surya Kant succeeds Justice BR Gavai in this serving as the Chairman of the Supreme Court Legal Services Committee (SCLSC), Justice Surya Kant has been at the forefront of promoting access to justice. NALSA, in its press release, highlighted his significant contributions towards legal aid and institutional reforms within the justice delivery Watch advertisementIN THIS STORY#Supreme Court
Economic Times
10-05-2025
- Economic Times
National Lok Adalat on 10 May: You can settle traffic challans, drink and drive case, select property dispute and more
TIL Creatives The upcoming Lok Adalat will take place on May 10, 2025. Lok Adalats aim to speedily resolve multiple issues related to property, matrimonial matters, rent, electricity bills and more. If you have long pending traffic challan or are stuck in a long-standing legal dispute, now's your chance! NALSA (National Legal Services Authority) is organising a nationwide Lok Adalat on May 10, 2025. This means people in Delhi, Mumbai, and other parts of the country can settle their traffic challans, and also sort out other disputes related to property, family (except divorce) and even other cases such as settling motor vehicle-related claims, money recovery, electricity and water bill cases in a speedy, quick fashion. Last National Lok Adalat held on March 8 this year was a very successful one. As per twitter handle of NALSA more than 1.57 crore cases were disposed in a single day and settlement amount was Rs 5473. 27 crore. — NALSALegalAid (@NALSALegalAid) Read on to know more about some of the cases in Delhi-NCR, Mumbai, and other parts of India, which have been resolved through Lok Adalats, and how you can get back your money stuck in cases related to property, traffic challans, and other Delhi, National Lok Adalat sessions will take place in Dwarka, Karkardooma, Patiala House, Rohini, Rouse Avenue, Saket, and Tis Hazari court complexes, between 10 am and 4 pm on May 10, 2025. Most people throng to Lok Adalats to get their traffic challans waived. Himanshu Gupta, Founder and CEO of Lawyered, recounts a case of drinking and driving in Gurgaon, where the penalty was Rs 10,000. 'During the last National Lok Adalat on March 8, 2025, we managed to bring down the Rs 10,000 fine for this drink and drive case to Rs 3,000, reducing the challan value by 70%', he experts also note that Lok Adalats do not typically cater to cases where drinking and driving has caused substantial injury or there is loss of human life, or the person in concern has a track record of repeated violation. The upcoming Lok Adalat, like its previous versions, expects to clear up to 1,80,000 challans/notices. Compoundable challans/notices up to January 31, 2025, will only be considered. Per private vehicle, only 5 notices and 2 challans, i.e., a total of 7 notices/challans will be taken, while for every commercial vehicle, only 2 notices/challans will be considered. Fazl Askari, Senior Associate, PSL Advocates & Solicitors, was slapped with a Rs 20,000 penalty for violating GRAP-IV norms this year. He approached Lok Adalats, which noted that a BS - IV diesel hybrid car is a different vehicle category not covered under the notification since it is categorised as a mild hybrid vehicle distinct from typical petrol or Diesel cars.'In the end, I did not have to pay a single rupee in fines. Essentially, under the act and the rules, Petrol and Petrol/CNG are separate classes of vehicles; similarly, diesel and Diesel (Smart) Hybrid are separate and distinct classes of vehicles - one a polluting kind, the other is a non-polluting kind, hence the exemption in the law, and no penalty for me.'Vipul Wadhwa, Partner, Singhania & Co. highlighted 2023 a motor vehicle accident claims-related case, which was resolved in Lok Adalats within a single day. 'In a 2023 motor accident matter in Punjab, a family battling for compensation after the death of the sole earning member managed to settle their claim for Rs. 25 lakh in a single day through the National Lok Adalat. What could have dragged on for years in the Motor Accident Claims Tribunal was resolved quickly with both parties walking away satisfied', he says. In a National Lok Adalat last year, a 20-year-old property dispute in Juhu, Mumbai, was resolved in a Lok Adalat. The property, located in a prime area of India's financial capital, was valued at well over Rs 75 croreExplains Advocate V K Dubey, founder of VK Dubey Associates, a Mumbai-based law firm, 'Four parties, laying ownership claim to the same property, had been entangled in a legal dispute for a long time. However, the final awardee, who was granted ownership, proved that the documents being provided by other parties were fake and forged'. As Dubey highlighted, the documents provided by one of the other claimants dated back to 1970 and mentioned the area's pincode. This led to questions being raised on the authenticity of the documents, since the PIN code system was introduced in India only in 1972.'As a result, all three parties were granted nominal awards each (around Rs 50-60 lakh), and the case was speedily disposed of', Dubey highlighted. In another case in Jaipur, as Wadhwa explains, two brothers involved in a 12-year-old property dispute over ancestral land opted for a Lok Adalat session, saving nearly Rs. 30 lakh each in pending litigation costs. They left with a signed partition agreement 'One of the most compelling aspects of Lok Adalats is how they make justice accessible, especially in cases where litigation costs would outweigh the outcome', he adds. However, note that property-related disputes can only be resolved via Lok Adalats if both parties mutually agree to settle the issue through this process. If even one party disagrees and does not want to opt for resolving the dispute through mediation in Lok Adalat, the matter will then proceed to the regular court. Yes. The cornerstone of the awards and rulings passed by Lok Adalat lies in their conclusive nature. The award passed by the Lok Adalat is considered equivalent to a decree passed by a Civil Court. Says Advocate Gaeti Khan, 'The award (decision) made by the Lok Adalat is final and binding on all parties and no appeal against such an award lies before any court of law'. The challenge to Lok Adalat's decisions can only be made under certain, exceptional circumstances. Explains Arman Roop Sharma, Partner, Anand Sharma & Associates, '. The Award passed by the Lok Adalat can be challenged by way of Writ in the High Court, where the party challenging it has to specifically allege that the award has been obtained by way of fraud, misrepresentation, or coercion. In other words, they have to prove that the settlement was not voluntary, the award is violative of the law, or was passed without jurisdiction. The High court also cannot set aside the award in a casual manner without including the reason for the same. So, the Statute intends to uphold the finality of the award of the Lok Adalat'. ( Originally published on May 09, 2025 )
