In a landmark verdict, Madras high court has held that the term ‘bride’ mentioned in the Hindu Marriage Act would also mean transgender woman, and that it would not just refer to a born-woman on her wedding day.
The court also ordered the Tamil Nadu government to issue an order banning sex reassignment surgeries on intersex infants and children.
Justice GR Swaminathan, quoting from the Supreme Court judgments and epics like Ramayana and Mahabharata, said the expression ‘bride’ in the Hindu Marriage Act could not have a static or immutable meaning.
Holding that the expression ‘bride’ would have to include not only a woman, but also a trans woman, the judge directed the authorities to register a marriage between Arun Kumar and Sreeja, a trans woman. They had moved court after the registration department refused to register their marriage, held on October 31 at a temple in Tuticorin, and issue a certificate.
In the process, Justice Swaminathan also comprehensively rejected the government’s contention that the registrar of marriages had powers to refuse registration and stated that since one of them was a transwoman, they did not meet the statutory requirement of the Section 5 of the Hindu Marriage Act, as the term ‘bride’ can only refer to a 'woman on her wedding day.' In this regard, the judge referred to landmark judgment by the Supreme Court, which upheld transgender persons’ right to decide their self-identified gender.
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