Case Title:
Kantaro Kondagari @Kajol Vs State of Orissa and Others
Date of Judgement:
20 May, 2022
Bench:
JUSTICE A.K. MOHAPATRA
Parties:
Petitioner - Kantaro Kondagari @ Kajol
Respondent - State of Odisha and others
Subject
In this case, transgender persons’ right to decide their self-identified gender was upheld and the Centre and State Governments were directed to grant legal recognition of their gender identity such as male, female or as third gender.
Important provisions
Articles 14 and 21 of the Constitution of India, Rule 56(1), 56(5)(d) Odisha Civil Services (Pension) Rules, 1992, Rule 5 of the Transgender Persons (Protection of Rights) Rules, 2020 and read with Section 6 of the Transgender Persons (Protection of Rights) Act, 2019.
Overview
Balaji Kondagari, the petitioner's father, was a government employee who worked for the Rural Development Department's Executive Engineer RW Division in Rayagada. Smt. Binjama Kondagari,the late Balaji Kondagari's wife, was sanctioned and received the family pension after his death. Smt. Binjama Kondagari passed away on July 11, 2020, owing to old age-related health difficulties. Following that, the current petitioner applied to the Executive Engineer RW Division, Rayagada for a family pension under Rule 56 of the Odisha Civil Services (Pension) Rules, 1992 for the grant of a family pension in her favour. It must also be mentioned that the current petitioner and her sister are unmarried, widowed, or divorced daughters, and hence are eligible for a family pension.
Issues raised
Whether a transgender daughter has right to claim family pension.
Arguments of Petitioner
Mr. Omkar Devdas, the petitioner's lawyer, claimed that the authorities ignored the petitioner's request for a family pension, despite the fact that Rule 56 of the Orissa Civil Services (Pension) Rules, 1992 allows for the payment of a family pension to an unmarried daughter. It was also claimed that because the petitioner was a member of the transgender community, the authorities had treated her unfairly and had refused to grant her the family pension that she was entitled to after her parents died.Counsel lawyer for the petitioner also claimed that the petitioner was a transgender (Women) as evidenced by a certificate granted by the District Magistrate on December 2, 2021.
Arguments of Respondent
On the other hand, the counsel for the State contended that the case appearedto be unprocessed and that it was waiting at the Accountant General (A&E), Odisha, Bhubaneswar for consideration. He also claimed that the competent authority, namely the Ex. Engineer, R W division, had already recommended the petitioner's case.
Judgement Analysis
- The petitioner cites the Supreme Court of India's decision in the matter of NALSA vs. Union of India. Article 1 of the Universal Declaration of Human Rights, which was adopted in 1948, asserts that all human beings are born free and equal in dignity and rights.
- Everyone has the right to life, liberty, and security of person, according to Article 3 of the Universal Declaration of Human Rights.
- Article 14 of the Indian Constitution declares that the state shall not deny "any individual" inside India's territory equality before the law or equal protection under the law.
- The Court has asked the Principal Accountant General to accelerate the delivery of a family pension to an unmarried transgender offspring of a deceased State government employee within six months, upholding the legal rights of transgender community members in compliance with the Supreme Court Ruling in NALSA (supra).
- The petitioner, as a transgender person, has the freedom to select her gender, according to the Court, and she has applied for a family pension under Section 56(1) of the Odisha Civil Services (Pension) Rules, 1992. Furthermore, the Supreme Court has recognised and legalised such a right. As a result, the petitioner's current writ petition deserves to be granted.
Conclusion
The right of transgender people to choose their self-identified gender was likewise protected, and the Centre and State governments were required to recognise their gender identity as male, female, or third gender.The Principal Accountant General (A&E), Odisha, Bhubaneswar was directed to process the application of the petitioner within a period of six weeks from the date ofcommunication.
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