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Kerala High Court Upholds the Right of a Person to Live as a Transgender

A division bench led by Justice V Chitambaresh and KP Jyothindranath rejected the petition of the mother, who claimed that her son was allegedly detained by some transgender people and is at risk of physical abuse, organ transplant.

Neethu Reghukumar | CNN-News18

Updated:June 12, 2018, 5:22 PM IST
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Kerala High Court Upholds the Right of a Person to Live as a Transgender
File image of Kerala High Court.
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Thiruvananthapuram: The Kerala High Court has upheld the right of a person to live as a transgender while dismissing the habeas corpus plea of a 25-year-old’s mother.

A division bench led by Justice V Chitambaresh and KP Jyothindranath rejected the petition of the mother, who claimed that her son was allegedly detained by some transgender people and is at risk of physical abuse, organ transplant.

The person, however, appeared before the court dressed as a female and claimed to be a transgender by birth and does not suffer any mental aberration alleged by the mother.

Earlier, on May 5, the 25-year-old walked out of the house upon which the family filed a missing complaint.

The person then came dressed as a female and wanted to be “set free” when produced before the judicial first class magistrate.

After her son was set free, the mother approached the High Court alleging that her son was diagnosed as having a mood disorder with psychotic features and was treated as an inpatient that helped the person to gain insight temporarily.

Taking that into consideration, the court ordered a team of doctors comprising of the Chief Psychiatrist, psychiatrist, medical superintendent and clinical psychologist to evaluate the person for two days. The orientation of the person was found to be normal without any thought disorder, hallucinations or inappropriate mood.

The 25-year-old claimed to have dressed like a female since childhood, liked hanging around girls in school and had an aversion to the male sex.

“I have the mind of a woman and the features of a man which does not suit me,” the 25-year-old said, claiming to have realised there are people like him only after he saw the Malayalam movie ‘Chandupottu’.

The 25-year-old expressed desire to undergo corrective surgery to change the sex and warned that refusal to dos so might lead to suicide.

Dismissing the petition, the High Court ruled that the person “cannot be compelled to stay at his parental home as wished by the petitioner”.
| Edited by: Aditya Nair
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