Our Voices The Orinam Blog

Sampoorna Rejoinder to Jackuline Mary verdict

We as trans masculine, trans feminine, intersex and inter gender individuals, welcome the Madras High Court judgement in Jackuline Mary vs. The Superintendent of Police, Karur [W.P. No.587 of 2014] dated17/4/2014 [see link], in which the Honourable Justice S. Nagamuthu has upheld the rights of people with intersex variations to self determine their gender.

We are very happy that the judgment also strongly condemns forced sex testing and recognises the bodily integrity of persons with intersex variations. However, we are concerned about the conflation of the categories of ftm and intersex and would like to stress that the HC judgment has only clarified that trans categories other than the traditional trans feminine categories are not included by the SC judgment on the NALSA petition.

Also, in the absence of third gender status being available to, what Justice S. Nagamuthu erroneously calls ftms but is actually referring to intersex individuals, the Madras HC says that they should be considered either “male” or “female” so as to not deny them basic citizenship rights. Though some people with intersex variations might identify as ftm,  “Nangai”, Shanthi Soundarajan and Pinki Pramanik who have been addressed in the judgment identify as female. We stand in solidarity with our sisters in their struggle to live with dignity and self identify their gender. But the fact that ftm and intersex are two different categories should be understood and recognised. We would like to clarify that the Madras HC judgment does not address the issues of ftms nor any other trans masculine or inter gender identities and expressions.

Sampoorna members endorsing this:
1. Abhishek, Delhi
2. Ankita, Haryana
3. Arundhati, Mumbai
4. Dennis, Rajasthan
5. Dev, Himachal
6. Gee, Kerala
7. Gowtham Sathya, Chennai
8. Kondaiah, Hyderabad
9. Pranita, Mumbai
10. Prince, West Bengal
11. Priyanka, Mumbai
12. Rajat, Delhi
13. Sam, West Bengal
14. Sameer, Bangalore
15. Saransh, Delhi
16. Satya, Mumbai
17. Shyam, Bangalore
18. Sony Ohri, Gurgaon
19. Sri Anjali, Karnataka

For more information, contact Sampoorna.

Leave a Reply

Your email address will not be published. Required fields are marked *