Transgender Woman Can File 498A Complaint, Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a transgender woman in a heterosexual marriage can file a complaint under Section 498A of the Indian Penal Code. Justice Venkata Jyothirmai Pratapa emphasized that laws protecting women from cruelty and dowry harassment also apply to transgender women identifying as female. The court rejected the husband’s claim that a trans woman does not qualify as a “woman” under Section 498A. The petitioner had sought to quash a complaint filed by his wife, a transgender woman, who alleged dowry harassment and abuse. She claimed that her husband and in-laws took dowry and later subjected her to threats and obscene messages. The husband’s lawyer cited the Supriyo case to argue that family laws exclude transgender persons. However, the court relied on the NALSA judgment and the Transgender Persons Act, affirming the legal right to self-identify gender. The court clarified that denying legal protection based on reproductive ability violates constitutional rights. Still, it found the complaint lacked specific details and evidence. As the allegations were vague, the court quashed the case, calling it an abuse of legal process.