Allahabad High Court rules transgender woman excluded from Section 69 definition

In an October 15 order, the Allahabad High Court determined that a transgender woman who underwent vulval reconstruction surgery is not covered by the definition of “woman” in Section 69 of the Bharatiya Nyaya Sanhita, which criminalises sexual intercourse. Justice Arun Kumar Singh Deshwal emphasized that the Transgender Persons (Protection of Rights) Act, 2019 recognises a separate identity for transgender individuals, and the term “woman” in the statute refers solely to female human beings.

The case involved Mohd Sakir, accused of establishing a relationship with the transgender woman on a false promise of marriage and allegedly taking ₹5 lakh. The court, after reviewing medical reports and the victim’s statements, found no basis for a Section 69 offence and granted bail with conditions. The judgment also referenced a parliamentary standing committee recommendation to amend the law, which Parliament has not adopted.