News Updates”She Chose Female Gender As Her Self-Perceived Gender Identity”: Bombay HC Allows Transgender To Contest Polls As Woman Candidate Sparsh Upadhyay5 Jan 2021 8:35 AMShare This – xNoting that Transgender Persons (Protection of Rights) Act, 2019 permits a transgender person to have a right to be recognized and such transgender is permitted to have a right to self-perceived gender identity, the Bombay High Court (Aurangabad Bench) on Saturday (02nd January) allowed a transgender to contest village panchayat polls as a Woman candidate. The Bench of Justice…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginNoting that Transgender Persons (Protection of Rights) Act, 2019 permits a transgender person to have a right to be recognized and such transgender is permitted to have a right to self-perceived gender identity, the Bombay High Court (Aurangabad Bench) on Saturday (02nd January) allowed a transgender to contest village panchayat polls as a Woman candidate. The Bench of Justice Ravindra Ghuge allowed the plea filed by Anjali Guru Sanjana Jaan, who challenged an order passed by the returning officer who rejected her nomination for the village panchayat polls. Importantly, while allowing her to contest Gram Panchayat election in Jalgaon district under women’s category, the Bench remarked, “In the present case, the petitioner has opted for the female gender as her self-perceived gender identity and makes a solemn statement, which is recorded as the statement made to the Court, that henceforth in her lifetime she would not switch over to the male gender driven by opportunism and would continue to opt for the female gender, in future, save and except if there is a reservation provided for transgender in public life.” The matter before the Court Aggrieved by the rejection of her nomination form by the Returning Officer, the petitioner moved Bombay HC. Significantly, the petitioner decided to choose the female gender and hence, had tendered her nomination form for contesting the election from the ward reserved for women-general category. The reason for rejecting the nomination form was that the petitioner is a transgender, and that the ward was reserved exclusively for women-general category. It was stated that there was no reservation for the transgender category in the Village Panchayat elections. The petitioner before the Court relied upon Section 4(2) of the Transgender Persons (Protection of Rights) Act, 2019 and also placed reliance upon the judgment delivered by the Supreme Court in the matter of National Legal Services Authority vs. Union of India and others, AIR 2014 SC 1863 : (2014) 5 SCC 438. Arguments put forth The petitioner’s Counsel made a categoric statement, on instructions, that this was the first occasion wherein, the petitioner had opted for a right to a self-perceived gender identity and had selected a female gender for all purposes during her lifetime. He further submitted that the petitioner, henceforth, shall not switch over to the male gender under any circumstances anytime in future during her lifetime. The Order of the Court The Bench noted that it was quite apparent that the Returning Officer was handicapped, insofar as the knowledge of law was concerned, while deciding the fate of the nomination form of the petitioner. The Court observed that no other contesting candidate had taken any objection against the petitioner and it was the Returning Officer, who was circumspect about the nomination form of the petitioner and hence, opted to reject the form believing that the petitioner could neither be a male nor a female and the ward had been reserved for women general category. Lastly, the Writ Petition was allowed and the impugned order was quashed and set aside. Accepting the nomination form of the petitioner, the Court permitted her to contest the election from the ward under her chosen category (female category). Case title – Anjali Guru Sanjana Jaan v. The State of Maharashtra. Through its Principal Secretary, Rural Development Department [Writ Petition (Stamp) No.104 of 2021] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
At an Ash Wednesday Mass in Vatican City, Pope Francis commissioned more than 700 priests — including Notre Dame’s Fr. Joseph Corpora — as Missionaries of Mercy.Corpora, who serves as director of University-school partnerships for the Alliance for Catholic Education (ACE), said the Missionaries of Mercy are granted the authority to forgive sins usually reserved to the pope.“There are certain sins that if a priest does, he’s automatically excommunicated from the Church,” he said. “There are other sins that lay people commit that are reserved to the Holy See. We have the faculty to forgive those sins for the year’s length.“The real work is trying to help in one’s own way to help people more fully accept and believe in God’s mercy.”Corpora, a 1976 Notre Dame graduate, was ordained a Holy Cross priest in 1984, according to the ACE website. He served as the pastor of two churches over the course of two decades — a primarily Latino parish in Arizona and a parish in Oregon. He founded the first Catholic school to be opened in the Diocese of Phoenix in 30 years.According to the ACE website, Corpora returned to Notre Dame in 2009. He currently serves as associate director of Latino student ministry within the office of Campus Ministry. He also directs the Catholic School Advantage Campaign, an ACE initiative seeking to double to percentage of Latino families who enroll their children in Catholic schools.Corpora traveled to Rome on Feb. 7 at the invitation of Pope Francis, who designated this liturgical year as a Jubilee Year of Mercy last April.“I think that when the Holy Father came up with this idea, part of what he was thinking was a way of getting a whole world to think about mercy,” he said. “He seems to have an extraordinary grace of knowing what the world needs.”Corpora said he had the chance to meet Pope Francis for a brief second, as he was greeting members of the crowd. He kissed the pope’s hand, although he did not get to speak with him.“Sometimes you meet famous people, and they’re not who they seem like,” he said. “But that’s not at all with him. He is who you see on TV.”The hundreds of missionaries hailed from countries around the world, Corpora said.“After the Father spoke to us, we all sang the ‘Hail Holy Queen’ in Latin,” he said. “It was interesting to hear 700 people singing that song, from all over the world, in the same language. … There was a sense of commonality amongst us. It struck me.”The commission of the missionaries was scheduled for Ash Wednesday, the beginning of the season of Lent. Corpora said seeing a cardinal put ashes, a symbol of penitence, on the pope’s forehead was particularly impactful.“He always says he’s a sinner, so I shouldn’t have been surprised,” he said. “But he got ashes like everyone else.”Corpora said he does not know how he was selected to be a Missionary of Mercy. He received an email from the Vatican on Dec. 22, saying his name had been submitted and the pope had accepted it.“As far as I am aware, this has never happened for a Jubilee Year before,” he said. “That the pope would select certain people to be part of this whole endeavor — it fits him perfectly. He hasn’t involved ‘on the ground’ priests before.”Corpora’s new role requires him to suspend his regular pastoral duties for a year. He has plans to travel to Catholic dioceses across the country to offer penance services and speak with priests and bishops.“I’m supposed to just make myself available, and what that’s going to mean is hearing confessions and talking about this whole idea of what God’s mercy is,” he said.Corpora said he was grateful, surprised and humbled to be a Missionary of Mercy.“All you need to be a Missionary of Mercy is to be a big sinner and know a lot about forgiveness,” he said. “I’m a big sinner and know a lot about forgiveness. It’s not like it’s something to be proud of. I do think that I have received a lifetime of mercy and forgiveness, and I want to be able to pass that on in any way that I can.”Tags: ACE, Fr. Copora, Jubilee Year, Jubilee Year of Mercy, Missionary of Mercy, Pope Francis
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