UK court ruling risks shrinking transgender rights
The limited reading of the law by the UK Supreme Court is certain to get politicised
The UK Supreme Court, in its judgment on a petition against a 2018 Scottish law that called for greater representation of women in public boards and included transgender women, has said the court’s role is “not to define the meaning of the word ‘woman’ other than when it is used in the provisions of the Equality Act 2010”. One of the central questions before the court was reconciling the Equality Act 2010, the UK legislation that addresses all forms of discrimination, and the 2004 Gender Recognition Act, for the purposes of the 2018 Scottish law. The 2004 law provides that a person with a gender recognition certificate is to be recognised as being of the gender mentioned in the certificate for all purposes unless a statute provides otherwise. The UK court has held that, with reference to the 2010 Act, the word “woman” would be held to mean a biological woman.

This limited reading of the law, however, is certain to get politicised — both by those who hold biological sex as the immutable gender of a person and those who advocate a more inclusive understanding — not just in the UK, but around the world. There is a global pushback against transgender inclusion, evident in not just the roll-back of key protections for such persons in the US but also actively hostile laws enacted by other jurisdictions. As opposing groups weaponise the UK verdict for their agenda, the need is for a more nuanced understanding that allows for both sides to make concessions. With hard-won victories against discrimination, trans-rights and biological women with trans-exclusionary positions on women’s rights will have to work towards appreciating each other’s concerns.
It is true that jurisprudence in India is not impervious to judicial understanding elsewhere, especially in the UK. That said, India, to an extent, is insulated from this debate, having created a gender category that allows the assertion of trans identity and upholds the community’s rights.
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