The Supreme Court on October 17 held that transgender persons in heterosexual relationships have the right to marry under existing law, including personal laws which regulate marriage.
A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud, which decided petitions seeking legal status to same-sex marriage, held that “transgender persons in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions”.
“The gender of a person is not the same as their sexuality. A person is a transgender person by virtue of their gender identity. A transgender person may be heterosexual or homosexual or of any other sexuality. If a transgender person is in a heterosexual relationship and wishes to marry their partner (and if each of them meets the other requirements set out in the applicable law), such a marriage would be recognised by the laws governing marriage,” the Chief Justice held in his opinion seconded by all the other four members of the Bench.
Since a transgender person can be in a heterosexual relationship like a cis-male or cis-female, a union between a transwoman and a transman, or a transwoman and a cisman, or a transman and a ciswoman can be registered under marriage laws, the Chief Justice reasoned.
“A transgender man has the right to marry a cisgender woman under the laws governing marriage in the country, including personal laws. Similarly, a transgender woman has the right to marry a cisgender man. A transgender man and a transgender woman can also marry,” the Chief Justice held.
