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Transgender persons have right to take part in sporting events in gender of their choice in absence of separate category: Kerala High Court

The Court passed the order on a petition moved by a transwoman who claimed to have been participating in various sporting events her entire life, even after undergoing gender affirming surgery, albeit in the transgender category

However, when she attempted to submit her application to take part in a District Level Judo competition, she was informed that transgender persons will not be allowed to participate in the competition.

Advocate Dhanuja MS, appearing for the petitioner, contended that the petitioner’s self perceived gender identity is woman and after having undergone the surgery, she has been on hormone therapy for almost 5 years. Hence, the petitioner should be permitted to participate in the competition in the category for woman.

Reliance was placed on the decision of the Supreme Court in the landmark case of National Legal Services Authority v. Union of India, in which the top court recognised transgender ‘as a gender identity’.

Source: Barandbench

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