In a significant decision, the Andhra Pradesh High Court ruled that a transgender woman in a heterosexual marriage is legally entitled to file a complaint under Section 498A of the Indian Penal Code (IPC) against her husband and in-laws. The judgment was delivered by Justice Dr. Venkata Jyothirmai Pratapa in Criminal Petition Nos. 6783, 7064, and 6830 of 2022.
The complainant, Pokala Sabhana, a transgender woman, had married Viswanathan Krishna Murthy in 2019 at Arya Samaj, Hyderabad, in a ceremony performed according to Hindu customs. She alleged that her husband and his family, despite being aware of her transgender identity, accepted dowry worth ₹10 lakh in cash, 25 sovereigns of gold, 500 grams of silver, and household goods valued at ₹2 lakh.
Read Also:- Only Landowners Can Request Private Surveys: Andhra Pradesh HC
However, the relationship soured when the husband reportedly left her shortly after marriage and began ignoring her calls. She later received threatening and obscene messages allegedly from her husband’s phone. Sabhana claimed that these actions were orchestrated by her in-laws, prompting her to file a complaint under Section 498A IPC and Section 4 of the Dowry Prohibition Act.
The accused sought quashing of the case, arguing that a transgender woman does not qualify as a “woman” under Section 498A IPC. They relied on the Supreme Court’s observations in the Supriyo @ Supriya Chakraborty v. Union of India judgment, which dealt with same-sex marriages and transgender rights.
Read Also:- Police Must Stay Away from Land Disputes Disguised as Amicable Settlements: Andhra Pradesh High Court
To deny a trans woman the status of a 'woman' for the purpose of legal protection under Section 498-A IPC solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution, the High Court firmly stated.
The Court referenced the landmark Supreme Court verdict in National Legal Services Authority v. Union of India, affirming that gender identity is not limited to the sex assigned at birth and that transgender persons have the right to self-identify their gender.
Quoting the Arunkumar v. Inspector General of Registration ruling by the Madras High Court, the bench highlighted that even under Hindu law, the term "bride" includes transgender women.
Read Also:- Andhra Pradesh High Court Upholds Land Allotment for Muslim Burial Ground in Visakhapatnam
Justice Pratapa further held:
A transwoman in a heterosexual relationship cannot be deprived of her right to lodge a complaint against her husband or the relatives of her husband for the alleged offences.
Despite affirming the complainant's right to file a case under Section 498A IPC, the Court examined the merit of the complaint and found it lacking in substance. The allegations were considered vague and not supported by concrete evidence. There was no specific claim of cruelty or demand for dowry by the accused.
Except bald and omnibus allegations against Petitioners, no prima facie case is made out. All the allegations are either vague or general in nature. Therefore, continuation of the impugned proceedings... is nothing but an abuse of process, the bench concluded.
As a result, the proceedings were quashed.
Case Title:- Viswanathan Krishna Murthy v. The State of Andhra Pradesh & Anr. (Case Number: CRIMINAL PETITION Nos. 6783, 7064 AND 6830 OF 2022)
