BEFORE THE HON’BLE SUPREME COURT OF ARYA

GANRAJYA

In the matter of

GARAJ FOUNDATION………………………………PETITIONER

V.

UNION OF ARYA GANRAJYA &ORS……………….RESPONDENT

 TABLE OF CONTENTS
LIST OF ABBREVIATIONS

INDEX OF AUTHORITIES

·​Table of Cases​​

·​Statutes Referred​​

·​Books Referred​​

·​Journals and Reporters​​

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

STATEMENT OF ISSUES

SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED

1.​ ​Whether undergoing a natural sex change anytime is fundamental

right of every citizeN under the Constitution of Arya Ganrajya?
2.​ ​Whether undergoing a natural sex change anytime is fundamental
right of every citizenunder the Constitution of Arya Ganrajya?
3.​ ​Whether treating the transgender as socially and economically
backward class and granting them reservation is unconstitutional?
4.​ ​Whether classification of transgender as third gender amounts to
violation of right of privacy?
5.​ ​Whether disinheriting and disowning Shatrunjay on exclusionary
grounds of being transgender is legal?

PRAYER………………………………………….
 LIST OF ABBREVIATIONS

Abbreviation Definition

& And

¶ Paragraph

AIR ​All India Reporter

Anr Another

Art Article

CA. Criminal Appeal

CIT Commissioner of Income Tax

CrLJ Criminal Law Journal

SC Supreme Court
SCC Supreme Court Cases

UOI Union of India

V Versus

KSA Kormi Shrines Act, 1925

HPRA Hidamb Province Reorganisation Act, 1966

SCC Supreme Court Cases

Gau Guwahati

Cr.PC Code of Criminal Procedure

SCR Supreme Court Report

DV DomesticViolence

DW Defence Witness

FIR First Information Report

HC High Court

i.e. That is

IPC Indian Penal Code

IEA Indian Evidence Act

FD Fixed Deposit

NCT National Capital Territory

Mad Madras

Ors Others

PC Privy Council

P&H Punjab & Haryana

PW Prosecution Witness

PMR Post Mortem Report

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Record

SLP Special Leave Petition

UOI Union of India

v. Versus
Table Of cases

1 Satbir Singh v. State of Haryana

AIR 2005 SC 3546 : (2005) 12
SCC 72

2 Hans Raj v. State of Punjab 2000 (3) RI 556

3 Sarwan Kumar v. State of

Himachal Pradesh
AIR 2000 HP 239

4
State of Karnataka v. M.V. AIR 2003 SC 809: (2003) 2 SCC
Manjunathegowda 188

5 KesariMadhav Reddy v. State of 2011 (1) Supreme 628

Andhra Pradesh

6 State of Punjab v. Amarjit Singh

AIR 1988 SCC 2013: Supp SC
704: 1989 Cr LR 722

7 Lichhamadevi v. State of Rajasthan

AIR 1988 SC 1785: (1988) 4 SCC
456

8 Shobha Rani v. MadhukarReddi AIR 1988 SC 121: (1988) SCC 105

9
State of Uttar Pradesh v. Ashok AIR 1992 SC 840: (1992) 2 SCC
KumarSrivastava 86

10
(2006) 10 SCC 608, AIR 2006 SC
Pradeep Kumar v. UnionAdministration,
Chandigarh 2992

11 Uttam Kumar v. State of Maharashtra (1991) CrLJ 1644 (Bom)

12 Madan​Gopal Kakkad v. Naval Dubey (1992) 3 SCC 204

13 Satyapal v. State of Haryana (2009) 6 SCC 635, AIR 2009

SC2190.

14 (2010) 2 SCC 9
Wahid Khan v. State of Madhya
Pradesh

15 State of U.P v. Babulnath (1994) 6 SCC 29

16 (2006) 8 SCC 560

TarkeshwarSahu v. State of Bihar

(now ​Jharkhand)​

17 Fateh Chand v. State of Haryana (2009) 15 SCC

18 Rajinder@ Raju v. State of Himachal ​(​2009) 16​​ S

​ CC 69, AIR 2009 SC
Pradesh 3022
19
O M Baby (Dead) by LRs v. State of (2012) 11 SCC 362, (2012) Cr LJ
Kerela 3794 (SC)

20 Bhupinder Sharma v. State of

(2003) 8 SCC 551; AIR 2003 SC
Himachal Pradesh
4684

21 Raju v. State of Madhya Pradesh

(2008) 15 SCC 113: AIR 2009 SC
858

22 BharwadaBhoginbhai v. State of AIR 1983 SC 753

Gujara

23 MotiLal v. State of Madhya Pradesh (2008) 11 SCC 20

23 Pakala Narayana Swami v. Emperor (1939) 26 AIR PC 47

24 Atbir v. Govt. of N.C.T. of Delhi (2010)

25
Munnu Raja and Another v. The State (1976) AIR 2199, 1976 SCR (2)
of Madhya Pradesh 764

26 (2005) 9 SCC 113

MuthuKutti and Anr. v. State By
Inspector of Police, T.N

27 Paneerselvam v. State of Tamil Nadu (2008) 17 SCC 190

28 Paniben v. State of Gujarat (1992) 2 SCC 474

State v. DayalSahu (2005) CrLJ 4375 (SC)

29
 ​STATUTES REFERRED

1.​ ​The Constitution of India

2.​ ​IPC
 ISSUES RAISED

I​SSUE 1

Whether undergoing a natural sex change anytime is fundamental right of every

citizen

under the Constitution of Arya Ganrajya?

ISSUE 2

Whether undergoing a natural sex change anytime is fundamental right of every

citizen

under the Constitution of Arya Ganrajya?

ISSUE 3

Whether treating the transgender as socially and economically backward class and

granting them reservation is unconstitutional?

ISSUE 4

Whether classification of transgender as third gender amounts to violation of right of

privacy?

ISSUE 5

Whether disinheriting and disowning Shatrunjay on exclusionary grounds of being

transgender is legal?
SUMMARY OF ARGUEMENTS

1.​ ​ Natural sex change anytime is fundamental right of every citizen under the​
Constitution of Arya Ganrajya

Natural sex change anytime is a fundamental right of every citizen under the constitution
ofaryaganrajya. ender identity ,therefore ,lies at the care of one’s personal identity ,gender
expression and presentation and therefore and ,it will have to be protected under
Article19(1)(a) of the constitution of India .A transgender’s personality, which reflects that
inherent personality. Often the state and its authories either due to ignorance or otherwise
fail to digest the innate character and identity of such persons. we , therefore ,hold that the
values of privacy , self- identity, autonomy and personal intergrity are fundamental rights
guaranteto members of the transgender community under Article19(1)(a) of the constitution
of IndiA and the state is bound to protect and recognize those rights”.

2​. NON-DISCLOSURE OF FACT OF THE SEX CHANGE IS COMPLETELY

UNDER RIGHT TO PRIVACY
Non disclosure of fact of the sex change is completely under the right to
privacy.Article 21 says that no person shall be deprived of his life or personal liberty
except​ according to the procedures established by law.privacy per se is an undisputed
right of a nindividual comprehensively bonded wiit his /her life .privacy becomes matter
of controversy when it is mishandled/intruded illegitimately by erroneous individuls.

3. Treating the transgender as socially and economically backward classand granting them
reservation
Other Backward Class (OBC) is a collective term used by the​ Government of Indi​ ​a​to
classify​ caste​​s ​which are educationally or socially disadvantaged. It is one of several​
officialclassifications of the population of India, along with​ Scheduled Castes and
Schedule​​ dTribes​​(SCs and STs).

4.​ ​CLASSIFICATION OF TRANSGENDER AS THIRD GENDER

DOES NOTAMOUNTS TO VIOLATION OF RIGHT OF PRIVACY

RIght to privacy is ‘a right to be let alone’. A citizen has a right to safeguard the privacy
ofhis own, his family, marriage, procreation, motherhood, child-bearing and education
among other matters. Right to privacy, once incorporated as a fundamental right, is wide
enough to encroach into any sphere of activity. The conferment of such a right has become
extremely difficult with the advancement of technology and the social networking sites.
But the other side of the picture is that right to privacy of a person includes the right to
maintain seclusion or seclude personal information as well as the right to disclose personal
information. The extent to which the realm of privacy of each person should remain is
subjective, which might differ from person to person. The recognition of right to privacy
can also be seen in S.43 of Information Technology Act which makes unauthorized access
into a computer, computer system or computer resources invoke liability.

5.​ ​DISINHERITING AND DISOWNING SHATHRUNJAY ON

EXCLUSIONARY

TG s have been systematically denied the rights under Article 15(2) that is not subjected to
any disability,liability restriction or condition in regard to access to public places.TGs
have also not been afforded special provisons envisaged under Article 15(4) for the
advancement of socially and educationally backward classes of citizens,which they are,
and hence legally entitled and eligible to get the benefits of SEBC.
 ARGUEMENTS ADVANCED
1.Natural sex change anytime is a fundamental right of every citizen under the
constitution of Arya Ganrajya.

The transsexual are one who in some deeper sense believe that they are another gender than they
are another gebder than the sex they are born. Transsexualism as –“The phenomenon in which
someone with the normal internal and external sexual organs of one sex has and incontestable
conviction of belonging to another sed. Transsexualism often speak of experiencing this situation
as an imprisonment in the wrong body
● SHRADDHA V. STATE 1
Since the entry of the register maintained under the act the sex of petitioner is shown as female
The petitioner is seeking alteration in the entry as male and under these circumstances, the
present petition
The change cannot be recorded in the registration records

Gender identity, therefore lies at the care of one’s personal identity gender expression and
presentation and therefore, it will have to be protected under Article19(1)(a) of the constitution
of India. A transgender’s personality, which reflects that inherent personality. Often the state and
its authorities either due to ignorance or otherwise fail to digest the innate character and identity
of such persons.we,therefore, hold that he values of privacy,self-identity,autonomy and personal
integrity are fundamental rights guaranteed
to members of the transgender community under Article19(1)(a)of the constitution of IndiA
and the state is bound to protect and recognize those

Now coming back to its consequences, it is not possible to cover or summarise all the legal,
social issues arising out of such operation2. The problems as stated hereinabove may
not arise or may be hypothetical, but possibility of their happening also cannot be
denied. In India, the social conditions are such that it is very difficult to accept
anybody after sex change operation and thus it is morally condemned. Nevertheless,

1
CA 7422 / 2008
2
​113 Cal.App. 595 [ 298 P. 819]
 still, the sex change operations are increasing with a steady growth, but, on this count
also, there is a monopoly of rich and famous as such operations are very costly and
unaffordable by common people! The decision in Corbett case1 is not binding on
Indian courts, but still it does not lose its persuasive value. Till today, Indian courts
have not been confronted with such intricate problem, but the day is not so far. Thus,
now the time has come for the Indian Parliament to legislate on this new topic. The
Law Commission should call for national debate on this issue. Absence of any such
law is not going to stop such operations being performed. Thus, such operations are
either required to be legalised or have to be declared as non est and void in the eye of
the law.

Judge Deepak Mishra said that the natural identity of an individual should be treated to be
essential to his being. Destruction of individual identity would tantamount to crushing of
intrinsic dignity that cumulatively encapsulates the values of privacy, choice, freedom of speech
and other expressions.

In ​NATIONAL LEGAL SERVICE AUTHORITY V. UNION OF INDIA3, t​ he court held that

the gender identity is one of the most fundamental aspects of life which refers t o the person’s
intrinsic sense of being male, female, transgender or transsexual person .The genital anatomy
problems may arise in certain persons in the sense of innate perception of themselves is not in
conformity with the sex assigned to them and may include pre and post operative transsexual
persons and also persons who do not choose to undergo or do not have access to operations and
also include persons who do not undergo successful operation.

Article 21 guarantees right to life which includes right to sexuality, right to sexual partner, right
to sexual autonomy . so here it’s clearly a violation of article 21 and violation of fundamental
right . every person has the right to choose his sex and natural sex change can be undergone
under constitution of Arya Ganrajya .

Article 19(1) a guarantees the right to freedom of speech and expression so everyperson has the
freedom of sexuality and right to choose his sex partner. Here violation of article 19(1) a has

3
W.P 400/2012
took place.Shathrunjay has the right to undergo natural sex change and also he can openly
declare his sex anytime.

In venkata nageswara rao v. MD india helthcare services(TPA)PVT,LTD​, 4

treatments,non-prescribed drugs and medical suppilers,hormone replacement therapy, sex
change.The opposite party isor treatment,which results from or is in any way related to sex
change relying upon this....

4
CRIMINAL APPEAL NO. 1449 OF 2007
 2.NON-DISCLOSURE OF FACT OF THE SEX CHANGE IS
COMPLETELY UNDER RIGHT TO PRIVACY

Article 215 says that no person shall be deprived of his life or personal liberty except according
to the procedures established by law.privacy per se is an undisputed right of a nindividual
comprehensively bonded wiit his /her life .privacy becomes matter of controversy when it is
mishandled/intruded illegitimately by erroneous individulas.

On 26​th​ march 2007, a group of human experts launched the yogyakartha principles on the
application of human rights law in relation to sexual orientation and gender identity the
principles are intended as a coherent and comprehensive identification of the obligation of states
to respect,protect and fullfill the human rights of all persons regardless of their sexual orientation
and gender identity. The yogyakartha principles recognize:

(1) Human beings of all sexual orientation and gender identitities are entitled to the
enjoyment of all human rights.
(2) All persons are entitled to enjoy the right to privacy, regardless of sexual orientation and
gender identity.

​ edical opinion is not

In ​SHIVAM DEWANHAN V.STATE OF CHHATTISGARH6,....m
supporting the case of the prosecution as victim is transgender and has undergone sex
change surgery in the year 2013;her secondary sexual characters are on developing stage
her...is a transgender has undergone sex change​ surgery 3 years back around 2013 at Dr.
Kalda Clinic. Second Sexual Character on developing stage, has not started menses.
Axillary hair+, Vagina is....”9. From bare perusal of the aforesaid report, it appears that
though the victim had undergone ​Sex​ Reassignment Surgery (SRS)
for ​change​ of ​sex​ but ​change​ of ​sex​ has not fully taken place ...

5
Protection of life and personal liberty; No person shall be deprived of his life or personal liberty except according
to procedure established by law

6
MCRC No. 1804 of 2016
ARTICLE 6 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS,1948 AND
ARTICLE 16 OF THE INTERNANTIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS ​,1966 recognise that every human has the inherent right to live
and this shall b e protected by law and inherently protected by law and no one shall be
arbitrarily denied. everyone shall has the right to recoginisation ,everywhere as a person
before the law7.Article 17 of the ICCPR states that no one shall be subjected to arbitrary
and unlawful interference with his family,privacy,home or correspondence nor to
unlawful attacks on his honour and reputation that everyone has the right to protection of
law against such interference or attacks .The International commission of jurists and the
international service for human rights on behalf of a coalition of human rights
organisations,took a project to develop a set of international law to human rights violation
based on sexual orientation and sexual identity to bring greater clarity and coherence to
the stae;s human right obligations.

7
I.R COELHO V. STATE OF TAMILNADU,(2007) 2 SCC1: AIR 2007 SC 869
 3. Treating the transgender as socially and economically backward class and
granting them reservation
National Legal Services Authority v. Union of India8 is a landmark decision by the ​Supreme
Court of India​, whichTransgender people to be a '​third gender​', affirmed that the ​fundamental
rights​ granted under the ​Constitution of India​ will be equally applicable to transgender people,
and gave them the right to self-identification of their gender as male, female or third-gender.
This judgement is a major step towards gender equality in India. Moreover, the court also held
that because transgender people were treated as socially and economically backward classes,
they will be granted ​reservations​ in admissions to educational institutions and jobs.

Other Backward Class (OBC) is a collective term used by the ​Government of India​ to
classify ​castes​ which are educationally or socially disadvantaged. It is one of several official
classifications of the population of India, along with ​Scheduled Castes and Scheduled
Tribes​ (SCs and STs).

The OBCs were found to comprise 41% of the country's population. On 24 April 2015, the ​Rajya
Sabha​unanimously passed the ​Rights of Transgender Persons Bill, 2014​ guaranteeing rights and
entitlements, reservations in education and jobs (2% reservation in government jobs), legal aid,
pensions, unemployment allowances and skill development for transgender people. It also
contains provisions to prohibit discrimination in employment as well as prevent abuse, violence
and exploitation of transgender people

That the Bill to provide for the formulation and implementation of a comprehensive national
policy for ensuring overall development of the transgender persons and for their welfare to be
undertaken by the State and for matters connected therewith and incidental thereto, as passed by
Rajya Sabha, be taken into consideration.”

In manju v.state of tamilnadu9, it is held that the writ petition it was contended by her that
transgenders should have been treated separately and should have been subject to a different
yardstick. It was stated that since there was no separate examination for transgenders, the entire

8
W.P 400/2012
9
​W.P. 22551/2017
selection process is faulty. It was also stated that the writ petitioner was the
sole transgenderparticipating in the selection process and therefore, the petitioner ought to have
been selected as a Constable in the category reserved for transgenders.

From a young age, children are often brought up in heteronormative settings within their own
homes and in school. Parents oftentimes respond quite negatively when their children cross
gender barriers, prompting transgender youth to run away. 10As a result, homeless transgender
youth are more likely to turn to drug dealing, car theft, and sexual exploitation. According to the
Human Rights Campaign, less than 43% of gender-expansive youth said they could turn to an
adult in their family if they were worried or sadIn education, transgender individuals also
describe discrimination from peers. Transgender youth are three times more likely to be excluded
by peers because they are “different.A survey of National Center of Transgender Equality states,
“Those who expressed a transgender identity or gender non-conformity while in grades K-12
reported alarming rates of harassment (78%), physical assault (35%) and sexual violence (12%);
harassment was so severe that it led almost one-sixth (15%) to leave a school in K-12 settings or
in higher education.”

TGs have been systematically denied the rights under ​Article 15(2​), that is, not to be subjected to
any disability, liability, restriction or condition in regard to access to public places. TGs have
also not been afforded special provisions envisaged under ​Article 15(4)​ for the advancement of
the socially and educationally backward classes (SEBC) of citizens, which they are, and hence
legally entitled and eligible to get the benefits of SEBC. State is bound to take some affirmative
action for their advancement so that the injustice done to them for centuries could be remedied.
TGs are also entitled to enjoy economic, social, cultural and political rights without
discrimination, because forms of discrimination on the ground of gender are violative of
fundamental freedoms and human rights. TGs have also been denied rights under ​Article
16(2)​ and discriminated against in respect of employment or office under the State on the ground
of sex. TGs are also entitled to ​reserv​ation in the matter of appointment, as envisag Eed

10
​NATIONAL LEGAL SERVICE AUTHORITY V. UNION OF INDIA, W.P 400/2012
under ​Article 16(4)​ of the Constitution. State is bound to take affirmative action to give them due
representation in public
4. CLASSIFICATION OF TRANSGENDER AS THIRD GENDER DOES NOT
AMOUNTS TO VIOLATION OF RIGHT OF PRIVACY

Right to privacy is ‘a right to be let alone’. A citizen has a right to safeguard the privacy of his
own, his family, marriage, procreation, motherhood, child-bearing and education among
other matters. Right to privacy, once incorporated as a fundamental right, is wide enough
to encroach into any sphere of activity. The conferment of such a right has become
extremely difficult with the advancement of technology and the social networking sites.
But the other side of the picture is that right to privacy of a person includes the right to
maintain seclusion or seclude personal information as well as the right to disclose
personal information. The extent to which the realm of privacy of each person should
remain is subjective, which might differ from person to person. The recognition of right
to privacy can also be seen in S.43 of Information Technology Act which makes
unauthorized access into a computer, computer system or computer resources invoke
liability.
In ​MR.Deepak goyal v.the oriental insurances co11 ​ltd. non-prescribed drugs and medical
supplies, Hormone replacement therapy, ​Sex​ ​change​ or treatment which results from or
is in any way related to ​sex​ ​change​. Both the exclusion clauses... ​The ​right ​to ​privacy as
an independent and distinctive concept originated in the field of Tort law, under which
the new cause of action for damages resulting from unlawful invasion of ​privacy was
recognized. This ​right has two aspects: (i) The ordinary law of ​privacy which affords a
tort action for damages 36 resulting from an unlawful invasion of ​privacy and (ii) the
constitutional recognition given ​to the ​right ​to ​privacy which protects personal ​privacy
against unlawful government invasion. ​Right ​to ​privacy is not enumerated as a
fundamental ​right​ in our Constitution but has been inferred from Article 21.

The court also said that the High Court “In its anxiety to protect the so-called rights of LGBT
persons and to declare that Section 377 IPC violates the right to privacy, autonomy and dignity,
the High Court has extensively relied upon the judgments of other jurisdictions,” stressing that

11
MAC.APP.No.750/2006
“they cannot be applied blindfolded for deciding the constitutionality of the law enacted by the
Indian Legislature

IN ​NATIONAL LEGAL SERVICE AUTHORITY V. UNION OF INDIA AND OTHERS12.it

appreciates the innate feelings of the members of the transgender community, especially of those
whose mind and body disown their biological ​sex​. Our society often ridicules and abuses the
transgender...their ​sex​ orientation and to espouse and determine their identity. The learned Senior
Counsel has submitted that since TGs are neither treated as male or female, nor given the status
of a third gender.... Transgender is generally described as an umbrella term for persons whose
gender identity, gender expression or behaviour does not conform to their biological ​sex​.

Transgender is generally described as an umbrella term for persons whose gender identity
,gender expression, or behaviour does no conform to their biological sex .TG may also take in
persons who does not identify with their sex assigned at birth .hijaras are not essentially mens by
virtue of anatomy appearance and psychologically,they are also not though they are like women
with no female reproduction organ and no menstruation.since hijras does not have reproduction
capacities as men or women.They are neither men or women and claim to be an institutional
third gender.Among hijaras they are emasculated men, non-emasculated persons and intersexed
persons.Tg also includes persons who intended to undergo sexual reassignment surgery or have
undergone SRS to allign their biolo0gical sex with thier gender identity in order to become male
or female.they are generally called transexual persons.Further there are persons

The Right to privacy everyone regardless of their sexual orientation or gender identity is entitled
to enjoyment of privacy without arbitrary or unlawful interference ,including with their
family,home or correspondance as well as to protection to unlawfull attacks on their house and
reputation.The right to privacy ordinarly includes the choice to disclose one’s sexual orientation
or gender identity as well as decisions an choices regarding both one’s own body,consensual and
sexual activities with other persons.

12
​W.P 400/2012
 5. DISINHERITING AND DISOWNING SHATHRUNJAY ON EXCLUSIONASRY
GROUNDS OF BEING TRANSGENDER IS ILLEGAL

Article 15 in The Constitution Of India 1949

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1)​ The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them
(2)​ No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them,
be subject to any disability, liability, restriction or condition with regard to
(a)​ access to shops, public restaurants, hotels and palaces of public entertainment; or
(b)​ the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
partly out of State funds or dedicated to the use of the general public
(3)​ Nothing in this article shall prevent the State from making any special provision for women
and children
(4)​ Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes

In ​National Legal Authority v.Union of India13 ,​ ​articles 15 and 16 of the constitution, prohibit
discrimination​ ​on​ the basis of ​sex​. ​In a recent judgment of the Supreme Court in National Legal
Services Authority v. Union of India & Ors. Writ Petition (Civil) No. 400 of 2012, decided on 15
April, 2014 : (AIR 2014 SC 1863) the Supreme Court has held that the prohibition of
discrimination on the ground of sex encompasses discrimination on the ground of gender
identity: "Articles 15 and 16 sought to prohibit discrimination on the basis of sex, recognizing
that sex discrimination is a historical fact and needs to be addressed. ​Constitution makers, it can
be gathered, give emphasis to the fundamental right against ​sex​ ​discrimination​ so as to prevent
the direct or indirect attitude to treat people differently, for the reason of not being in conformity
with stereotypical generalizations of binary genders. Both gender and biological attributes
constitute distinct components of ​sex​. Biological characteristics, of course, include genitals,

13
​W.P 400/2012
chromosomes and secondary sexual features, but gender attributes include one's self image, the
deep psychological or emotional sense of sexual identity and character. The ​discrimination​ ​on
the ground of "​sex'​ under Articles 15 and 16, therefore, includes ​discrimination​ ​on​ the ground of
gender identity. The expression '​sex'​ used in Articles 15 and 16 is not just limited to biological
sex​ of male or female, but intended to include people who consider themselves to be neither male
or female."​ legislations ​on​ the international arena to highlight the fact that the recognition of “sex
identity gender” of persons, and “guarantee to equality and non-​discrimination”​ ​on​ the ground of
gender identity or expression...Hijras/transgender persons, they have to use male toilets where
they are prone to sexual assault and harassment. ​Discrimination​ ​on​ the ground of sexual
orientation or gender identity, therefore, impairs equalit

TG s have been systematically denied the rights under Article 15(2) that is not subjected to any
disability,liability restriction or condition in regard to access to public places.TGs have also not
been afforded special provisons envisaged under Article 15(4) for the advancement of socially
and educationally backward classes of citizens,which they are, and hence legally entitled and
eligible to get the benefits of SEBC.State is bound to take some affirmative action for the
advancement so that the injustice done to them for centuries could be remedied.TGs are also
entitled to enjoy social,economic ,cultural and political rights without discrimination,because
forms of discrimination on the grounds og gender are violative of fundamental freeedoms and
human rights.TG s have also been denied under ARTICLE 16(2) and discrminated against in
respect of employment or office under the State on the ground of sex.TG s are also entitled to
reservation in matter of appointment as envisaged under Article 16(4) of the constitution.State is
bound to take affirmative action to give due representation in public services.

In ​nandigam chinna purushotham v.m/s oriental insurance co ,

limited,rajamahendravaram14,​ Sex​ ​change​ or treatment which results from or is in any way
related to ​sex​ ​change​. 24. A bare reading of the above section clearly shows that any outpatient
diagnosis, medical...or surgery procedures which results from or in any way related
to ​sex​ ​change​ are only excluded under the alleged Section 4.23 and not the claim. The medical
procedure undergone by the complainant is...admittedly not resulting from or is in any way related

14
CA 7422 / 2008
to ​sex​ ​change​. Therefore, Section 4.23 does not at all apply to the complainants claim in any way. It
shows that opposite party No.1 is only...
 PRAYER

I​n the light of issues raised, arguments advanced and authorities cited the court​​ ​ may please
adjudge and declare that:

Natural sex change anytime is NOT A fundamental right of every citizen under the
Constitution of Arya Ganrajya

NON-DISCLOSURE OF FACT OF THE SEX CHANGE IS COMPLETELY FRAUD OR

MISREPRESENTATION
Treating the transgender as socially and economically backward class andgranting them
reservation IS UNCONSTITUTIONAL

CLASSIFICATION OF TRANSGENDER AS THIRD GENDER AMOUNTS TO

VIOLATION OF RIGHT OF PRIVACY

And the court may pass any other order that deems to fit in the interest of justice, equity and
good faith

​ AKBAR S.M
ARUN S.K
PRAJITH JS