Transgender marriage

Introduction
• Marriage is a common relationship of culture that is only known as male-female,
although most of the marriage laws use gender-neutral terminology. Whereas there
have only lately been many instances of the acceptability of homosexual marriages,
culture becomes slowly becoming indulgent

• However, despite a large number of protests from groups and individuals who claim
that same sex marriage must be accepted lawfully, many states have maintained
their constitutional bans on homosexual marriages.
History
• Homosexuality has an long past of India and several manuscripts reveal it in ancient
times in India.

• The transgender population has always received little attention. The acceptance of
transgender persons, however, dates back to at least 3000 years in India. They are
also mentioned in the revered Vedas. 

• Today, more than ever before in history, transgender people's rights are
acknowledged and accepted due to the increase of uniqueness and the explicit
freedom granted on expression. 
What is Transgender Marriage?
• Transgender marriage is a union between two individuals who identify as
transgender.

• Transgender individuals are people whose gender identity or expression does not
conform to the traditional gender roles assigned to their sex at birth.

• This means that a person who was assigned male at birth may identify as a female or
vice versa.
Transgender Marriages: The Global Scenario
• Around the world, countries are in different situations regarding homosexuality and
same-sex marriage.

• Many countries are very accepting of these relationships and legally allow same-sex
marriages and at the same time many countries are very disapproving of
homosexuality and even consider it as a crime.
An Overview of Transgender Marriage in
India
• In a landmark judgement[8] in 2019, the Madras High Court interpreted the word “bride” under 

S. 5 of the Hindu Marriage Act and held that it includes transgender persons as well.

• Hitherto, a “bride” was a woman that too only on the day of her wedding. But with this judgement, a

new ground has been established.

• The Madras HC relied on the three most important judgements for LGBTQ+ rights: the NALSA

judgement[9], the K.S. Puttuswamy Case[10] (privacy under A. 21) and the Navtej Singh Johar judgement.

[11],[12] The Court opined that they were only stating the obvious, and that they did not interpret

anything additionally, since the right to marriage for transgender persons has always been present in

this statute.
National Legal Services Authority v. Union of India (2014)

• The National Legal Services Authority (NALSA) v.Union of India case was a landmark

judgment by the Supreme Court of India that recognized the rights of transgender
individuals. The case was initiated by NALSA, a statutory body responsible for
providing legal aid to marginalized communities, including transgender individuals.
Transgender Marriage under Marital Laws in India

• The right to get married is a part of the fundamental right to life and personal liberty
under Article 21 of the Constitution of India.

•  Under the Indian laws already set in place, the laws relating to transgender marriage
have been debated. This discrimination is on the grounds of sex under Article 15 of
the Constitution and the words that describe laws can’t have such static meaning that
renders them redundant while giving the deserved rights to ever-evolving society.
Problems Faced by the Trans Community
• However, despite these legal changes, transgender individuals still face significant
challenges when it comes to marriage. Many people are still not aware of the issues
facing transgender individuals and may discriminate against them when it comes to
marriage. Additionally, there are still some countries where laws prohibit transgender
individuals from marrying or where the laws have not yet caught up with the changing
attitudes towards transgender individuals.

• Transgenders have been forced to face a horrendous journey in their life for decades
and decades. The stigma attached to sexual orientation and gender identity that fall
outside the expected heterosexual, nontrans gender norm relegates many
Transgender people to the margins of society.
 Issues related to transgender marriage
• Legal recognition: Some jurisdictions may not legally recognize transgender
marriages, or may only recognize them under certain conditions. This can lead to
difficulties in obtaining legal documents, such as marriage licenses or spousal
benefits.

• Discrimination: Transgender individuals may face discrimination and prejudice from

society, which can affect their ability to find and maintain relationships. This
discrimination can also extend to their partners, who may face stigma or exclusion
due to their relationship with a transgender person.
• Access to healthcare: Transgender individuals may face barriers to accessing
healthcare, including gender-affirming treatments and surgeries. This can impact their
ability to transition and may also affect their mental health and well-being.

• Family acceptance: Some families may not be supportive of their transgender family
members, which can cause strain on relationships and marriages. This lack of
acceptance can also impact the couple's social support system and access to
resources.

• Intersectionality: Transgender individuals may also face additional forms of

discrimination and marginalization based on other aspects of their identity, such as
race, ethnicity, or disability. This intersectionality can compound the challenges faced
by transgender couples and may require specific support and resources.
Suggestion and Conclusion
• Transgenders are a part of our society and the issues faced by them are countless. However,
despite the progressive judgements by the Hon’ble courts, the transgender community in
India is still oppressed and does not find sufficient protection under the statutes. The
current laws relating to transgender marriages, both in personal laws and ones specially
designed for them such as the 2019 bill seem to be grossly inadequate in providing proper
inclusive definitions and addressing the issues faced by them in a humane fashion.

• Therefore, it is important that we continue to raise awareness about the issues facing
transgender individuals and work towards creating a society that is more accepting and
inclusive of all individuals, regardless of their gender identity. It is essential that we continue
to fight for the right of transgender individuals to marry and enjoy the same legal and social
benefits as all other individuals.