Transgender woman moves Kerala High Court to contest panchayat elections from seat reserved for women

Transgender Congress candidate Amaya Prasad moved the Kerala High Court on November 19 seeking to contest the upcoming Jilla Panchayat election from the Pothenkode Division, a seat reserved for women. [Amaya Prasad v The State Election Commission, Kerala & ors].Justice PV Kunhikrishnan today issued notice to the State Election Commission on the plea filed by Prasad and sought the poll body's response to the petition..According to the petition, Prasad is the first transgender person to contest a Jilla Panchayat Election in Kerala.Prasad moved the Court after the Returning Officer informed her on November 19 that her nomination under the women-reserved category was likely to be rejected in the absence of an express provision in the Kerala Panchayat Raj Act or Rules allowing transgender women to contest from women-reserved seats. She was advised to approach the High Court for a declaration that she was legally entitled to contest as a woman.In her petition, Prasad contended that this stand of the Returning Officer violated her constitutional rights under Articles 14 (right to equality), 15 (protection from discrimination), 19(1)(a) (freedom of speech and expression), and 21 (right to life and liberty), as well as provisions of the Transgender Persons Act, 2019 (Act).She submitted that she has undergone full sex reassignment surgery and the Trivandrum District Collector and District Magistrate have officially certified her gender as 'female' under Section 5 of the Act. While she holds a gender identity card identifying her as 'female', her Voter ID issued by the Election Commission of India continues to reflect her as transgender.Prasad contended that since the District Collector has already legally certified her gender as female, election authorities must accept her identity for all purposes, including electoral participation.The petition relied on the Bombay High Court's decision in Anjali Guru Sanjana Jaan v State of Maharashtra (2021), which held that a transgender woman is legally entitled to contest from a constituency reserved for women.Prasad thus contended that excluding transgender women from women-reserved seats defeats the purpose of reservation, which seeks to uplift marginalised gender groups."Because the object of women-reservation in local bodies is to ensure political empowerment of historically marginalised groups. Transgender women, who face compounded social, economic, and political exclusion, belong squarely within the class intended to be uplifted. Excluding them defeats the very purpose of reservation," the petition stated.Therefore, Prasad sought a direction to the State Election Commission and the concerned Returning Officer to accept and process her nomination under the women-reserved category. She also sought a declaration that a transgender woman with a legally recognised female identity is entitled to contest for seats reserved for women.Today, Prasad's counsel informed the Court that they would take immediate steps to update her voter ID details. .Amaya was represented by advocate Gautham Krishna EJ and Rinesh EV.Standing counsel Deepu Lal Mohan appeared for State Election Commission..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.