Madras High Court Asks Transgender Woman To Approach Union Govt Against Denial Of Adoption

The Madras High Court has closed the plea filed by Transgender Sub Inspector Priyanka Yashini against an order of the Central Adoption Resource Authority, rejecting her prospective adoptive parent application. While disposing of the plea, Justice M Dhandapani noted that unless amendments were made to the Adoption Regulations, a direction could not be issued to CARA to consider the petitioner's application. The court thus directed the petitioner to make an application to the Union Ministry of Women and Child Development, asking them to amend Regulation 5, thus enabling a transgender person to adopt from the CARA agency. “The petitioner is directed to make an application with the first respondent seeking to make an amendment in Regulation 5, enabling a transgender person to adopt from the CARA agency. When such an application is made, the first respondent is directed to consider the same and pass orders within 12 weeks,” the court said. The court was hearing the petition filed by Prithika Yashini, Tamil Nadu's first transgender Sub Inspector of Police. Yashini had approached the court after the Central Adoption Resource Authority rejected her application for adoption. She submitted that she was staying alone, and since there was emptiness in her life, she decided to adopt a child. However, when she approached the authorities, her application was rejected. When the matter was taken up, the Yashini's counsel told the court that as per Section 56 of the Juvenile Justice Act, Yashini was entitled to make an application for adoption before the CARA. It was submitted that as per the Act, single or divorced persons could make an application and since Yashini was single, she could make the adoption application. The petitioner also argued that the only reason her application was rejected was that she was a transgender and that amounted to discrimination. On the other hand, the respondent pointed out that Regulation 5 of the Adoption regulation 2017 does not provide for adoption by transgender persons. It was submitted that the regulation allowed for adoption by a couple, a single female and a single male. Thus, it was argued that the application for adoption was rejected only because it was not provided for in the regulations and there was no discrimination. To this, the judge remarked “Unless you come with a mandamus asking amendment to the law, how can we ask CARA to consider your application. You should approach the central government.” Though the petitioner claimed that there was discrimination, the court said that it was not about the discrimination but about the adoption of the child. “Can you say it's discrimination when a single male is not allowed to adopt a girl child. If your argument is accepted, then that is also discrimination. It's not about discrimination, it's about adoption of the child,” the court orally remarked. Thus, the court directed the petitioner to approach the Union Ministry and disposed the plea. Counsel for Petitioner: Ms Reshmi Christy, Mr S Karthikeyan, Ms S Gajalakshmi Counsel for the respondent: R Rajesh Vivekananthan, Deputy Solicitor Case Title: K Prithika Yashini (Transgender) v. Union of India and Others Citation: 2025 Livelaw (Mad) 338 Case No: WP 18257 of 2023

Madras High Court Asks Transgender Woman To Approach Union Govt Against Denial Of Adoption

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

Madras High Court Asks Transgender Woman To Approach Union Govt Against Denial Of Adoption

Upasana Sajeev

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers