Transgenders cite identity issues to oppose Aadhaar Act in SC

NEW DELHI: Arguing their case in the Supreme Court on Tuesday, transgenders cited conflicting identity documents such as birth documents, which would list them only as male or female, and not as transgender as a major factor that would stand in the way of the community being able to prove their identities to get Aadhaar.

An adherent of the Christian faith also cited the Bible to reject the Aadhaar unique identity number that the government is pushing for every citizen. A five-judge bench of the court is currently hearing a bunch of petitions challenging the legality of the Aadhaar Act.

The case of the transgenders was argued by Jayana Kothari on behalf of NGO Swantantra. Kothari argued that transgenders would be affected on many counts by Aadhaar. Their birth documents will not be able to prove their identities.


Besides, they cannot under the right to privacy be asked to reveal their transgender status. If they do, they stand to be treated as criminals and be harassed under Section 377 of the IPC, she argued.