NW18 Bombay High Court Allows Trans To Withdraw Plea After Parents Accept Sexual Identity

A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse has recently allowed a transgender to withdraw his plea seeking police protection after his parents accepted his choice.

“They (parents) state that they have accepted the sexual identity of the petitioner and as such state that they will shower the petitioner, their child with love and affection and will support him in every way, by giving emotional, mental and physical support, as well as any other support, including supporting the petitioner educational pursuits,” the court noted.

The petitioner submitted that the petitioner has been accepted by his parents and that he is living with his parents for the last 20 days and therefore sought leave to withdraw the petition.

However, the petitioner added that the petitioner should be granted liberty to approach the police if an occasion so arises in future, so as to enable the petitioner and his partner to provide necessary protection and necessary assistance.

The petitioner's birth was a female, however, she identified herself as a transgender man. The petitioner had alleged that he did not disclose his identity fearing non-acceptance by his family.

It was further alleged by the petitioner that when his parents learnt about his sexual identity, they started harassing and threatening him, as a result of which, he was constrained to leave his residence and move to a Shelter Home.

As the petitioner was keen on pursuing his education and as he apprehended harm to himself, he filed the petition before the Bombay High Court seeking relief and police protection.

The hearing was conducted by the division bench in the chamber. The bench then granted liberty to the petitioner to withdraw the plea after being accepted by the parents.

Case Title: ABC vs State of Maharashtra