Trans woman moves Kerala HC to contest from women-reserved seat in Thiruvananthapuram

KOCHI: Amaya Prasad, a trans woman candidate of the Congress, approached the Kerala High Court on Thursday seeking a directive to the returning officer to accept and process her nomination under the women-reserved category for the Pothencode division in Thiruvananthapuram, and to permit her to contest the election as a woman in accordance with her legally recognised gender identity. In her petition, Amaya said she is a trans woman who has undergone complete medical, psychological and legal transition, and has been officially certified as female under the Transgender Persons (Protection of Rights) Act, 2019. She said she seeks to contest the upcoming district panchayat election from Pothencode division, which is reserved for women. On November 19, when she approached the returning officer to file her nomination, she was informed that, in the absence of an express provision in the Kerala Panchayat Raj Act or Rules allowing trans women to contest from women-reserved seats, her nomination was likely to be rejected and that she must obtain directives from the High Court. This stance, Amaya argued, violates her statutory right to a self-perceived gender identity. Amaya said several court orders had recognised that transgender women are entitled to be treated as women for all legal purposes, including political participation. The court admitted the petition and issued notices to the State Election Commission and the Union and state governments.