The Andhra Pradesh High Court has recently ruled that a trans woman in a heterosexual marriage is entitled to legal protection under Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives.
The case arose after a trans woman, originally assigned male at birth, lodged a complaint of dowry harassment and threats by her husband and in-laws. The accused argued that she could not claim protection under Section 498A as she wasn’t a “woman in the complete sense.”
Justice Venkata Jyothirmai Pratapa firmly rejected this notion, calling it discriminatory and unconstitutional. The Court emphasized that defining womanhood solely by reproductive ability undermines equality and dignity, guaranteed by Articles 14, 15, and 21 of the Constitution.
Citing the Supreme Court’s Supriyo vs Union of India ruling, which acknowledged certain rights for queer couples, the Court stressed that trans women in heterosexual marriages fall within the protective umbrella of existing laws.
However, after examining the complaint, the Court found no substantial evidence of cruelty or dowry harassment and quashed the charges.
