Transgender Persons Entitled To Participate In Sporting Events In Gender Of Their Choice In Absence Of Separate Category: Kerala High Court

The Kerala High Court, on Friday, while passing an interim order in a Writ Petition, observed that in sporting events, in the absence of a separate category for transgender persons, they must be permitted to participate in their chosen category.

Justice V G Arun, observed that transgender persons are having equal rights to participate in competitions, and in the absence of a separate category, they should be permitted to participate in their chosen category. 

"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 a woman. If the organisers have not made arrangements for participating transgenders, then the petitioner will have to be permitted to participate in her chosen category." 

The plea was moved by a transgender person who identifies as a woman who is desirous of participating in a District-level Judo Competition; however, while attempting to submit her application was informed that transgender persons will not be allowed to participate in the competition.  

Counsel appearing for the petitioner, Advocate Dhanuja M.S, relying heavily on the Apex Court decision in National Legal Services Authority v. Union of India, in which transgender was recognised 'as a gender identity', contended that the petitioner's self-perceived gender identity is woman and after having undergone the surgery, she has been on hormone therapy for almost 5 years. As such, the petitioner should be permitted to participate in the competition in the category for woman.

The Court, while recognizing that all transgender persons have an equal right to participate in competitions, observed that in the absence of any category for participating transgender persons, the petitioner should be allowed to participate in her identity as woman.

Thereby, the court directed the Kerala Judo Association and the Kozhikode District Judo Association to accept the petitioner's application. 

The matter will be posted immediately after service of notice.

Case Title: Anamika v. State of Kerala and Others.

Citation: 2022 LiveLaw(Ker)388

Click Here To Read/Download The Order