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Synopsis

The Kerala High Court, while recognising the right of transgenders to participate in sports competitions, observed that transgenders are entitled to participate in chosen gender category in absence of special category in sporting events.

The Bench of Justice V.G. Arun observed,

“It is my considered opinion that a transgender person is having equal right to participate in competitions. Here, in the absence of any category for participating transgender persons, the petitioner is seeking to participate in her identity as woman. If organisers have not made arrangements for participating transgenders, then the petitioner will have to be permitted to participate in her chosen category.”

Petitioner informed the court that she is a transgender and desirous of participating in District level Judo Competition. She attempted to submit her application through online mode, but was informed that she is not allowed to participate.

Counsel for the petitioner contended that the self-perceived identity of the petitioner is women as she has undergone the surgery and is on hormone therapy for almost 5 years. Hence, she should be allowed to participate, he asserted.  

Further pressing his argument, counsel for the petitioner relied on National Legal Services Authority v. Union of India [AIR 2014 SC 1863], in which apex court recognised transgender as “a gender identity”.

The High court while considering that the transgenders have right to participate in the competitions, permitted the petitioner to participate under her chosen category noting that arrangements for her participation were not made.

Consequently, Court directed the Kerala Judo Association and Kozhikode District Judo Association to allow the petitioner to participate in competition by accepting her application.

Case Title: Anamika vs. State of Kerala and others