Arun Kumar v. Inspector General of Registration

Arun Kumar & Anr. versus Inspector General of Registration & Ors. (2019) is a landmark decision of the Madurai Bench of the Madras High Court where the court recognised transwomen as bride under Hindu Marriage Act of 1955.[1][2]

Arun Kumar v. Inspector General of Registration
CourtMadras High Court
Full case nameArun kumar & Anr. versus Inspector General of Registration & Ors.
Decided22 April 2019
Citation(s)W. P. (MD) No. 4125 of 2019
Case opinions
The word ‘bride’ encompasses within meaning a trans woman if she perceives herself as a woman. A marriage solemnized between Hindu male and a Hindu transwoman is substantial Hindu Marriage according to Section 5 of Hindu Marriage Act
Court membership
Judge sittingG. R. Swaminathan J.
Case opinions
Decision byG. R. Swaminathan J.

Background

In accordance with Hindu traditions, Arun Kumar married Sreeja, a trans woman. Following the ceremony, the couple tried to register their marriage with the Joint Registrar of Tuticorin. The Registrar refused to register their marriage. The couple filed a suit against the Registrar for refusing to register their marriage under Hindu Marriage Act of 1955.[2]

The Madurai Bench of the Madras High Court was asked to consider whether the term ‘bride’, as referenced in Section 5 of the Hindu Marriage Act of 1955 meant cisgender women exclusively, or included trans-women as well. The Court was requested to consider whether the refusal to register the marriage of a person based on sexual orientation or sex of the individual violates the right to equality before the law (Article 14), freedom of speech and expression (Article 19(1)(a)), protection of life and personal liberty (Article 21) and freedom of conscience and free profession, practice and propagation of religion (Article 25) guaranteed under the Constitution of India.[1][3]

Judgement

The Court held that word ‘bride’ in Section 5 of Hindu Marriage Act of 1955 applies to transgender people who perceive themselves as a woman. Therefore, the marriage ceremony held between a male and a transwoman, in accordance with Hindu customs and traditions, would be considered a Hindu Marriage. And, the refusal to register the marriage of Ms Sreeja would be an infringement of her fundamental rights guaranteed under Articles 14, 19(1)(a), 21 and 25 of the Constitution of India.[1][4]

See also

References
  1. Arun kumar & Anr. versus Inspector General of Registration & Ors., W. P. (MD) No. 4125 of 2019 ( Madurai Bench of Madras High Court 22 April 2019).
  2. "ARUNKUMAR & OTHER VS. THE INSPECTOR GENERAL OF REGISTRATION & OTHERS". South Asian Translaw Database. Retrieved 2022-10-02.
  3. Shrivastava, Vaibhav (2021-07-12). "Case Analysis: Arunkumar & Other v the Inspector General of Registration & Others". Libertatem Magazine. Retrieved 2022-10-02.
  4. Arora, Tanish (2022-05-18). "Can same sex marriage be held valid under Hindu Marriage Act?". National Herald. Retrieved 2022-10-02.
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