FACTS
The present case relates to the petitioner/sufferer who is a transsexual person, whose chosen gender identity is a woman. The petitioner states that she has undergone Sex Reassignment Surgery and that her transition is complete. The petitioner has always been an avid sportsperson, having taken part in sports like athletics, judo, etc. even after her surgery, the petitioner continues to participate in various sporting events at university, in the transgender category.
The petitioner wanted to be able to participate in the District Level Judo competition which was being held by the Respondents. When the petitioner tried to submit her form online, it was informed her that transgender persons are not allowed to participate in the competition. Thus, the present writ petition.
ARGUMENTS PRESENTED
Advocate on behalf of the petitioner relied upon the Supreme Court’s recognition of transgender as a “Gender identity” in National Legal Services Authority v. Union of India, and argued that the petitioner views herself as a woman and that she has been receiving hormone medication for approximately five years since having the surgery. As a result, the petitioner ought to be allowed to compete in the women's division of the competition.
OBSERVATIONS
Hon’ble Justice V.G. Varun observed in this case that a transgender person has equal rights as any other person to compete in sporting events. He further enunciated that the petitioner wants that in case the competition regulations do not provide for a separate category for transgenders, that she should be allowed to compete in her preferred gender category, that is Woman. Justice Varun supported this argument by the petitioner.
CONCLUSION
With the observations stated above, Justice Varun directed the respondents to accept the petitioner's application and do the needful, in case the time stipulated for submitting applications was not over. The petitioner will be permitted to compete in the Championship on a provisional basis and subject to the decision of this writ petition if the application reaches the respondents in a timely manner.
It is to be noted, however, that this judgment has been given by the High Court and can be subject to appeal by the respondents. Depending on whether this judgment goes to the Supreme Court or not, the finality of the judgment shall be decided.
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