Transgender persons have right to take part in sporting events in gender of their choice in absence of separate category: Kerala High Court

The Kerala High Court on Friday observed that in the absence of a separate category in sporting events for transgender persons to compete in, they must be permitted to participate in the category of their choice [Anamika v State of Kerala & Ors.].Justice VG Arun was considering a plea moved by a transwoman who wished to compete in a district-level Judo competition but was told by the organisers that transgender persons aren't allowed to participate in the event.Justice Arun stated that in his considered opinion, all transgender persons have an equal right to participate in competitions and that in the absence of a separate category, they must be allowed to participate in the category of their choice."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 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 Court said in its order..The Court directed the event organisers to accept the petitioners application and allow her to participate in the competition provisionally, subject to the final outcome of the petition..The Court passed the order on a petition moved by a transwoman who claimed to have been participating in various sporting events her entire life, even after undergoing gender affirming surgery, albeit in the transgender categoryHowever, when she attempted to submit her application to take part in a District Level Judo competition, she was informed that transgender persons will not be allowed to participate in the competition.Advocate Dhanuja MS, appearing for the petitioner, 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. Hence, the petitioner should be permitted to participate in the competition in the category for woman.Reliance was placed on the decision of the Supreme Court in the landmark case of National Legal Services Authority v. Union of India, in which the top court recognised transgender 'as a gender identity'. .The Court directed the Kerala Judo Association and the Kozhikode Judo Association to accept the petitioner's application and allow her to participate provisionally.It also issued notice to the associations as well as to the State Government and the Kerala State Sports Council..The matter will be considered again immediately after service of notice..[Read Order]