The Himachal Pradesh High Court recently said that section 69 of the Bharatiya Nyaya Sanhita (BNS) which penalises sex on false promise of marriage can be invoked only if the complainant is a woman and not a transgender person. Thus, the state's top court granted bail to a man who was accused of establishing sexual relationship with a transgender person on the false promise of marriage. The accused was booked under Section 69 of BNS Act and and Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019. The high court bench of Justice Sandeep Sharma while hearing the case observed that since for the first time "transgender" has been explained in the definition of "gender", transgender persons cannot claim themselves to be a male or female as they have been given separate identity. The High Court also examined Section 69 of the BNS Act and stated that this provision of law can only be invoked if the complainant is a woman. High Court Chief Justice Cannot Individually Reconsider Judges’ Appointment, Says Supreme Court, Asks Himachal Pradesh HC Collegium To Reconsider Elevation of 2 District Judges.

'Transgender Persons Cannot Claim Themselves To Be a Male or Female'

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