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Tamil Nadu

Transwoman sub-inspector moves Madras HC as agency rejects her application to adopt

The judge questioned why her application was rejected when laws have been enacted to protect the rights of transgenders.

R Sivakumar

CHENNAI:  Prithika Yashini, who has fought all odds in life to become the first transwoman police sub-inspector, is now again at the court’s doorsteps seeking help to fight discrimination faced by transgender in child adoption. As her application to adopt a child was rejected by the agency concerned, she filed a petition in the Madras High Court seeking orders to allow her to adopt.

The petition came up before Justice M Dhandapani on Thursday. The judge ordered notice to the secretary of the union Women and Child Development department and the Central Adoption Resource Authority (CARA) to respond to the petition.

In her petition, she said she approached the CARA on November 12, 2021, by way of an online application of prospective adoption parents with the Holy Apostles Convent in Chennai. However, the Holy Apostles Convent (an adoption agency) rejected her application on September 22, 2022, on the grounds that she was a transgender.

The judge questioned why her application was rejected when laws have been enacted to protect the rights of transgenders. Advocate M Suresh Kumar appeared for the petitioner while deputy solicitor general Rajesh Vivekanandan represented the Centre.

The matter was adjourned to June 30 for further hearing. Yashini was selected for the police job only after the Madras High Court ordered in her favour. Currently, she is serving as assistant migration officer.

“Rejection of my application is totally illegal and against the fundamental rights which are common for all citizens. Therefore, it is unjust to discriminate and infringe my right,” Pritika Yashini said in the petition.

Further, she said the law does not prohibit adoption based on sexual orientation but what is required is ‘good morals, education, culture and financial independence’ to raise the child.

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