TRANSWOMAN AS A ‘BRIDE’: DISCUSSING THE REPERCUSSIONS OF THE ARUN KUMAR CASE
Downloads
Abstract
The Madras High Court in a path-breaking judgment, normalized the marriage between a cis- man and a transgender-woman.i It interpreted the word ‘bride’ under the Hindu Marriage Act,1955, thus widening its scope. The court quoted Mythological epics and took the aid of past judgments in order to recognise the right to self-determination, and the domain of personal autonomy. This comment argues that this judgment has re-affirmed the right to privacy. The right to choose a life partner is dependent upon the capacity of the individual to make choices. This verdict also sets up a precedent to legalize same-sex marriages, and provides an opportunity to dispel arguments that restrict the same. It re-affirms the principle of progressive realisation of rights, which should be able to alter legislations in order to protect the LGBT community’s fundamental rights. The comment also analyses the right to self-identification/ right to self- determination, in alignment with the new Transgender Persons (Protection of Rights) Act.
External References to this Article
Loading reference data...
Readership Data
Refreshing Cached Analytics Data
The cached analytics data has become stale and journal.thelawbrigade.com is making a fresh request to fetch the latest data from Google Analytics. This may take 20-30 seconds depending on the server response time from Google Analytics. Please do not close the browser during this time. We appreciate your patience.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Sonal Rawat
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
