Can I site other judgements in my issues?
how to find relevant Trans cases?
In law, one can find previous judgements on similar matters and use that as a precedence for the new judgement. But there have been so many cases that it might be hard to find, well not really, Sriraksha V Srivastava tells us.
Are previous cases really relevant?
If your educational authorities have denied changing your name and gender on the certificates that you get then you can take a copy of the Jeeva vs The State of Karnataka case with you. You can show them the case and the judgement and tell them that this is what happened in Karnataka and how the State Board of Education and the PUC were directed to change the records. In law, this is called precedence. Precedence is where a judge sees what happened in a particular case and weighs all the situations and takes into consideration all the laws and then delivers a judgement This judgement can then be used as a law, then.
In this case, you could also use the NALSAR judgement because it is the most important law in the Trans Rights sphere.
Say, the registrar denies registering your marriage because you are trans, you could show them the Madras High Court judgement. In this case, too, the court had seen everything and then they decided to rule in favour and let people get their marriage registered. This then, becomes a precedence as discussed before and makes it so that all trans spouses are legally allowed to marry.
These cases strengthen your argument and show the officials a legal way to go about it.
Where can we find these cases? Is there a relevant website for it?
CLPR consolidates these laws so say the TG ACT of 2019 or the Right to Marry, Adoption and Inheritance.
There is a database corpus for this. It is called the South Asian TransLaw Database, which holds the legal documents of South Asian countries. They help tell us about the laws in countries like Pakistan, Nepal or Sri Lanka.
This is very important in countries around the world and it shows how the judgements are and all of them are arranged under themes that are relevant to the same. Say, one is legal recognition of the gender marker, one is about marriage, appeal against TG Cards.
So this is a really great website where you can find the issues that bother you and the relevant cases you can find to support your case.
In case you don’t understand the complicated legalese in the websites, we can also find the summaries there. So you can understand succinctly what the case was about and what the judgement said.