Legal Vacuum In Morals And Archetypes For Trans Marriages

Vidisha Pagaria, OP Jindal Global University

ABSTRACT

This research paper critically examines the legal framework governing transgender marriages in India, highlighting the significant gaps in legal recognition and protection for transgender individuals seeking to marry. Despite the NALSA ruling of 2014, which recognized transgender people as a "third gender," they continue to face substantial legal challenges in exercising their right to marry. This paper delves into the restrictive definitions of "bride" and "bridegroom" under various religious personal laws in India, which implicitly exclude transgender persons. The paper also explores the limitations of the Transgender Persons (Protection of Rights) Act of 2019, arguing that the Act's requirements for legal recognition such as mandatory sex reassignment surgery fail to respect transgender individual's right to self-identification and bodily autonomy. Furthermore, the study critiques the broader societal and legal concept of family, advocating for the recognition of "chosen families" within the legal domain. The paper concludes by proposing amendments to the Special Marriage Act of 1954 or the introduction of a Uniform Civil Code as potential pathways to ensure equitable legal recognition for transgender marriages in India.