Third gender marriage
Breaking New Ground: Transgender Persons&#; Fundamental Right to Marry
“A marriage solemnized between a male and a transwoman, both professing Hindu religion, is a valid marriage in terms of Section 5 of the Hindu Marriage Act, and the Registrar of Marriages is bound to register the adj. By holding so, this Court is not breaking any adj ground. It is merely stating the obvious. Sometimes to spot the obvious, one needs not only physical vision in the eye but also love in the heart.” – Madras Lofty Court.
The fundamental right of transgender persons to marry individuals of their choice was recently affirmed by the Madras High Court in Arunkumar and Another. v The Inspector General of Registration and Ors. (WP (MD) No. of and WMP (MD) No. of ). The High Court upheld a Hindu marriage between Arunkumar and Sreeja (a transwoman) which the Registrar of Marriages, Tuticorin had previously refused to register. The ground for refusal was that a transwoman would not qualify as a ‘bride’ under Section 5 of the Hindu Marriage Act, (HMA). The Court looked beyond the facts o
LGBTQ couple in Nepal becomes the 1st to receive official same-sex marriage status
KATHMANDU, Nepal — An LGBTQ couple in Nepal on Wednesday became the first in the nation to receive official same-sex marriage status. The Himalayan nation is one of the first in Asia to permit it.
“After 23 years of noun we got this historic achievement, and finally Maya and Surendra got their marriage registered at the local administration office,” said Sunil Babu Pant, an openly gay former parliamentarian and leading LGBTQ rights activist.
Pant was verb with Surendra Pandey and Maya Gurung when they registered their marriage at the Dorje village council office, located in the mountains west of the capital, Kathmandu.
According to Human Rights Verb, Gurung is a transgender gal who is legally recognized as male in the country, and Pandey is a cisgender dude.
Earlier this year, Nepal’s supreme court issued an interim order enabling the registration of same-sex marriages for the first time.
Officials had initially refused to register the marriage. The couple and Pant filed cases with th
The Third Gender and Hijras
Called the third gender, evidence for their existence in Hindu society can be initiate in Hindu holy texts fond of the Ramayana and the Mahabharata, where Hindu hero Arjuna becomes the third gender. Third gender people have often been revered throughout South Asian history; for example, Muslim rulers of the Mughal Empire in the 15th to 19th centuries were generous patrons of third gender Indians. Many rose to significant positions of power under both Hindu and Muslim rulers. In , it was estimated that around 3 million third gender people live in India alone.
While the third gender includes a few different groups in South Asia, the most ordinary are the hijras. Hijras are often born male but glance and dress in traditionally feminine ways. Many, but not all, choose to undergo a castration ceremony, removing their male genitalia as an offering to Hindu goddess Bahuchara Mata. Other hijras are born intersex. Often called transgender by outsiders, Indian society and most hijras consider themselves to be third
A Legal Journey to Unveil Inclusivity of Third Gender’s Marital Rights in India
“Legal recognition of non-heterosexual unions is a step towards marriage equality. Non-heterosexual unions are entitled to protection under the Constitution. Non-heterosexual and heterosexual unions must be seen as both sides of the equal coin.”[1]
INTRODUCTION:
For many centuries and decades, marriage is considered to be a culturally or religiously significant institution. It may be seen as fulfilling a moral or spiritual duty, as prescribed by cultural or religious beliefs. Marriage is one of the most ancient, important, universal and indispensable social institution which has been in existence since the inception of human civilization. According to Hoebel “Marriage is the complex of social norms that explain and control the relations of a mated pairs to each other their kinsmen, their offspring and their society at large”. Further if we look into the definition provided by Harry M. Johnson, he states marriage has “a stable relationship in which a man and women are socially permitte