In the past week, a notable judgment by the Kerala High Court brought attention to the plight of a transgender couple from Kozhikode, Sahad and Ziya Paval. The court permitted the couple to record the designation "parents" instead of “father” and “mother” on their child’s birth certificate. It also directed the removal of the term “transgender” that was earlier added in parentheses after the names of both parents. The Kozhikode Corporation has been instructed to issue a revised certificate within two months.
Earlier, the birth certificate listed Ziya Paval as “Father (Transgender)” and Sahad as “Mother (Transgender)”. The couple argued that such labels could lead to technical issues, especially during school admissions and while applying for Aadhaar, PAN cards, and passports. Their child was born in February 2023. Despite approaching the Corporation for rectification, no favorable action was taken, prompting them to approach the High Court. Transgender advocate Padma Lakshmi appeared for the petitioners.
Widow Cannot Be Evicted from Marital Home After Husband's Death:
In another significant ruling, the High Court asserted that a widow cannot be evicted from her marital home merely due to the husband's death. The judgment upheld a Palakkad Sessions Court decision allowing a young widow to continue living in her deceased husband’s home. The woman, Meena, a native of Kottekkad, Palakkad, lost her husband in 2009 and continued to reside at the marital home with her child. However, she faced persistent harassment from her mother-in-law and brother-in-law, compelling her to seek court protection.The court emphasized that the law aims to protect women's constitutional rights. It ruled that a woman is entitled to reside in her marital home irrespective of the property's ownership. Such protection is essential to uphold her dignity and ensure her safety, the court noted.
Vice-Chancellor’s Salary to Be Withheld if Fellowship Is Denied:
The Kerala High Court also delivered a stern directive in favor of E. Aadarsh, a research scholar at Sree Sankaracharya University of Sanskrit, Kalady. The court warned that if the fellowship arrears due to the researcher are not paid, the university Vice-Chancellor and Registrar would not be entitled to their own salaries.The university had claimed financial constraints as the reason for non-payment. The court questioned why top officials, including the Chancellor, continued receiving salaries if funds were insufficient. It pointed out that the university had recently received ₹2.62 crore as government assistance. The court ordered that all pending fellowship dues be paid within one month and instructed the university to ensure uninterrupted payments in the future.
These judgments are expected to increase legal awareness and help prevent unnecessary litigation.
Do you believe these rulings can bring significant changes in society?
