Odisha HC - A transgender person have the right to choose his/her gender and is entitled to avail of pension benefits

CASE: Kantaro Kondagari @ Kajol v State of Odisha & Ors

COURT: Justice AK Mohapatra of Odissa High Court

Recently, the Odisha HC held that transgender persons have the right to choose their gender and are entitled to avail of family pension benefits that accrue accordingly. The HC was hearing a petition filed by a trans woman seeking orders to sanction a family pension in her favour.

FACTS

The father of the petitioner was a government servant and had passed away. After the father's death, the mother was sanctioned and disbursed the family pension. In 2020, the mother of the petitioner also passed away, following which, the petitioner applied under Rule 56 of the Odisha Civil Services (Pension) Rules, 1992.

According to the Rules, a family pension is payable to an unmarried daughter even after she reaches the age of 25 years, provided that her monthly income does not exceed *4,440 per month.

The petitioner claimed that the petitioner and her sister are covered under the category of an unmarried daughter, widow, or divorced daughter and hence, eligible for the said pension. The petitioner's gender identity was fully disclosed to the relevant authority when the application was first recommended. However, the pension was not approved and disbursed.

Counsel appearing for the petitioner contended that the petitioner had been discriminated against merely for being a transgender person and that such conduct of the authorities was in gross violation of the Pension Rules. 

HELD

The Court held that Article 14 does not restrict the word “person” and its application only to males or females. Transgender persons fall within the expression “person” and, hence, are entitled to legal protection in all spheres of State activity, including employment, education as well as equal civil rights, as enjoyed by any other citizen of this country.

In view of the provisions of the Universal Declaration of Human Rights, the Court ordered the Principal Accountant General to process the application of the petitioner within a period of six weeks.