Transpersons have right to marry under existing law

Subject: Polity

Section: Constitution

Context:

The Supreme Court on Tuesday held that transgender persons in heterosexual relationships have the right to marry under existing law.

About Judgment:

A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud 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.
Since a transgender person can be in a heterosexual relationship like a cismale or cisfemale, a union between a transwoman and a transman, or a transwoman and a cisman, or a trans man and a ciswoman can be registered under marriage laws.
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.