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The Kerala High Court dismissed a mother’s habeas corpus writ petition claiming that her son “had been detained by transgenders” and was suffering from “a mood disorder with psychotic features. Justice V. Chitambaresh and Justice K.P. Jyothindranath rejected the woman’s petition on grounds that the transgender in question had “the right to wander about or associate with likeminded people and cannot be compelled to be at his parental home”.
The mother also claimed that that the son was being exposed to the risk of physical abuse and organ transplant by roaming around with other transgenders. However, the transgender appeared in the Court herself and argued that she was a transgender by birth and also demanded psychological evaluation which the Court then granted. After considering all the factors, the Court agreed with the transgender i.e. Arundhati who had admitted that she was having an “identity crisis”. The judgement, authored by Justice Chitambaresh, quoted noted transgender artist Chaz Salvatore Bono while upholding that the right of a transgender person to express their sexual identity comes within the ambit of Article 19 (1) (a) and the State is duty-bound to protect and recognize those rights.
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