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First transwoman SI moves Madras HC after agency disallows her to adopt child

Seven years back, K Prithika Yashini had to fight a similar legal battle after the government rejected her application for police job. It was only after court ordered in her favour that she was appointed as an SI.

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Published : Jun 23, 2023, 5:24 PM IST

Chennai: K Prithika Yashini, the first transwoman police sub-inspector has moved Madras High Court after her application to adopt a child was turned down by the concerned agency. She has filed a petition in the high court seeking permission for adoption.

Fighting against all odds, in 2016, Yashini had to approach the Madras high court after her application to the post of sub-inspector was rejected. Following court's intervention, she was appointed a sub-inspector and is presently working as an assistant immigration officer.

In 2021, she decided to adopt a child and approached the Central Adoption Resource Authority. She submitted an online application to the authority on November 12, 2021. On September 22, 2022, her application was rejected on the ground that she cannot legally adopt a child as she is a transgender. Aggreived at the authority's decision, she has now moved the high court alleging that rejection of her application amounts to discrimination and infringement of her rights as a transgender.

“The authority's order to deny permission is neither legal nor correct. It is unconstitutional and discriminatory. It goes against the Right to Equality guaranteed under our Constitution,” she said. According to Yashini, one needs good morals, culture, education and financial independence to raise a child. The sexual orientation of the parent should not be a factor to decide adoption, she argued.

Also Read: Battling gender identity: Transgender student overcomes challenges to excel in Bengal Higher Secondary Examination

Accepting her plea, Justice M Dhandapani on Thursday questioned as to why Yashini's application was rejected when laws ensure equal rights to transgenders. The court then directed the authority to respond by June 30.

Chennai: K Prithika Yashini, the first transwoman police sub-inspector has moved Madras High Court after her application to adopt a child was turned down by the concerned agency. She has filed a petition in the high court seeking permission for adoption.

Fighting against all odds, in 2016, Yashini had to approach the Madras high court after her application to the post of sub-inspector was rejected. Following court's intervention, she was appointed a sub-inspector and is presently working as an assistant immigration officer.

In 2021, she decided to adopt a child and approached the Central Adoption Resource Authority. She submitted an online application to the authority on November 12, 2021. On September 22, 2022, her application was rejected on the ground that she cannot legally adopt a child as she is a transgender. Aggreived at the authority's decision, she has now moved the high court alleging that rejection of her application amounts to discrimination and infringement of her rights as a transgender.

“The authority's order to deny permission is neither legal nor correct. It is unconstitutional and discriminatory. It goes against the Right to Equality guaranteed under our Constitution,” she said. According to Yashini, one needs good morals, culture, education and financial independence to raise a child. The sexual orientation of the parent should not be a factor to decide adoption, she argued.

Also Read: Battling gender identity: Transgender student overcomes challenges to excel in Bengal Higher Secondary Examination

Accepting her plea, Justice M Dhandapani on Thursday questioned as to why Yashini's application was rejected when laws ensure equal rights to transgenders. The court then directed the authority to respond by June 30.

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