The High Court said that the hormone therapy is a legal treatment availed by the transperson without the discrimination of age and any other criteria under the protection of transgender rights act.
- The petitioner, who is a father of minor child receives the information regarding the funds collected by the accused using his minor son photograph in the crowdfunding platform.
- The accused mentioned that the funds are collected for the minor’s hormone therapy treatment in the platform.
- The petitioner informed the platform that the misrepresentation done by the accused by his son’s name and our family details and the funds collected must be stopped and reimbursed.
- The Complaint was filed on the grounds of cheating, forgery for cheating and using the genuine as a forged document under the IPC,1860 and computer-related offences filed under Information Technology Act of 2000 and also seeking the CBI Investigation.
- The accused said that the minor son voluntarily wishes to convert himself to transgender without any force and it is ratified by his attainment of majority age.
The Court observed that the State Government’s affidavit about the existence of transnational forced gender change gang and the Scientific and specialized investigation was required to find out these gangs and reimburse their monetary benefits made before the Supreme Court.
The High Court examined the fundraising incident that is occurred upon the acceptance of the minor and found that the boy reaches the majority and ratifies it and it will become valid.
Justice Bechu Kurian said that involvement of transnational racket is vague with no evidence and held that the petition is dismissed upon no merits and the CBI investigation is denied.
CASE NAME: Joy Varghese V. State of Kerala
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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