Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

Section 66 of the Syariah Criminal Enactment of 1992 made it an offence for Muslim males to wear women’s attire or to pose as a woman in a public place. Conviction resulted in a fine or imprisonment not exceeding six months or both. The Appellants were Muslim men with Gender Identity Disorder (GID) who expressed …Read more

The Claimant was a male-to-female transgendered woman who challenged the requirement that she was recorded as the father on her children’s birth certificates. Following the birth of her daughter, but before the birth of her son, the Claimant decided to live as a man and changed her name to a female name. The Claimant was …Read more

Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

The Births, Deaths and Marriages Registration Act 1995 (the “Act”) empowered the Registrar to register a change of sex of a person upon that person’s request. Norrie applied to the Registrar to record her sex as non-specific as she had undergone a sex affirmation procedure but her gender ambiguity remained unresolved. Norrie did not identify …Read more

Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more

The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more