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As a trans woman, Bobby's divorce and alimony petition challenges the legal definition of the word 'woman'. Will ruling on this give the SC a chance to make it more inclusive?
As a trans woman, Bobby’s divorce and alimony petition challenges the legal definition of the word ‘woman’. Will ruling on this give the SC a chance to make it more inclusive?
Bobby Darling is a trans woman, a fairly well known name and face from movies and TV. Currently in a divorce case against her abusive husband, she’s having to battle also against the legal definition of ‘woman’.
Bobby, assigned male at birth and named Pankaj Sharma, underwent a sex reassignment surgery in 2015, changing her name to Pakhi Sharma. In 2016, she married Bhopal-based businessman Ramneek Sharma, in a Hindu ceremony. Barely a year after, she had filed an FIR against her husband accusing him of demanding dowry, assault, and usurping her money and property. She has also filed for a divorce, and is demanding alimony from her estranged husband.
Till now the situation reads like a love marriage sadly gone awry. But Bobby’s situation is even more heart-rending than a cis-woman in the same plight.
This is because Bobby’s estranged husband, Ramneek alleges that their marriage is not legally valid because Bobby was not born a woman. Ramneek’s lawyers G J Ramchandani and Hitesh Ramchandani, say that the marriage is void under the Hindu Marriage Act, as it only recognizes a marriage between a man and a woman. Also, in the Domestic Violence Act, Hindu Marriage Act or in IPC laws, there is still no allocation for transgender marital rights.
This is a technical loophole that Ramneek Sharma is taking advantage of, in a 1955 Hindu Marriage Act and the 2005 Domestic Violence Act, that do not recognise trans women’s rights under these laws.
And therein lie Bobby’s woes.
Bobby Darling’s petition is a case that can challenge India’s legal definitions of the word ‘woman’.
Who is a woman? The esteemed architects of the Indian constitution wouldn’t have imagined the necessity of explicitly specifying what makes a woman or a man. An increasing awareness of gender identities and inclusion have made this definition /clarification necessary, so that such loopholes cannot be misused.
In the past few months the Judiciary has been coming out with many path breaking judgements. Can the judges walk the talk yet again?
Should archaic laws be interpreted literally or be truer to the spirit of the existing situation?
Should the changing value systems, sensibilities, and open social mores be not taken into consideration while judging a case?
Will the abusive Ramneek get an easy way out due to a moth-balled interpretation of the law?
Will the esteemed courts stand tall and justice is served?
Will Bobby be the catalyst to change?
Image source: YouTube
Anupama Jain is the author of: * ’Kings Saviours & Scoundrels -Timeless Tales from Katha Sarita Sagara’, listed as one of the best books of 2022 by @Wordsopedia. Rooted in the traditional storytelling of Indian legends, warriors, read more...
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UP Boards Topper Prachi Nigam was trolled on social media for her facial hair; our obsession with appearance is harsh on young minds.
Prachi Nigam’s photo has been doing the rounds on social media for the right reasons. Well, scratch that- I wish the above statement were true. This 15-year-old girl should ideally be revelling in her spectacular achievement of scoring a whopping 98.05% and topping her tenth-grade boards. But oddly enough, along with her marks, it’s something else that garners more attention – her facial hair.
While the trolls are driving themselves giddy by mocking this girl who hasn’t even completed her school yet, the ones who are taking her side are going one step ahead – they are sharing her photoshopped pictures, sans the facial hair, looking nothing less than a celebrity with captions saying – “Prachi Nigam, ten years later”.
Doctors have already diagnosed her with PCOD in their comments, based on photographic evidence. While we have names for people shamed for their weight – body shaming, for their skin colour- racism, for their age- age shaming, for being a female- sexism, this category of shaming where one faces criticism for their appearance has no name. With that, it also has zero shame attached to it.
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