✦ High Court of India · 07 Oct 2025

High Court · 2025

Case Details High Court of India · 07 Oct 2025

Court

High Court of India

Decided

07 Oct 2025

Bench

M.DHANDAPANI

Length

1,740 words

Acts & Sections

Constitution of India

W.P.No.18257 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 07.10.2025Coram:THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.18257 of 2023andW.M.P.No.17465 of 2023---K.Prithika Yashini (Transgender)P.Kalai Arasan .. Petitioner Vs.1. Union of India, through its Secretary, Secretary, Ministry of Women and Child Development, Government of India, Room No... 6th Floor, Shastri Bhawan, New Delhi.2. Central Adoption Resource Authority (CARA), through its Secretary, Wing No.2, West Block-8, R.K.Purak, New Delhi.3. Holy Apostles Convent, St.Thomas Mount, Butt Road, Hill Top St.Thomis Mount Babies Home, St.Thomas Mount, Chennai-600 016. .. RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the Page No. 1 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023file of the second respondent in Application No.PrTN21111236805, registered on 12.11.2021, rejection order dated 22.09.2022 to quash the same and consequently direct the respondents to process and approve the petitioner's prospective Adoptive parent application No.PrTN21111236805, registered on 12.11.2021.For Petitioner : Mr.K.V.Sajeev Kumar for M/s.Reshmi ChristyFor Respondents : Mr.Rajesh Vivekanandhan Dy.S.G. for RR-1 and 2ORDERThe petitioner has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent in Application No.PrTN21111236805, registered on 12.11.2021, rejection order dated 22.09.2022 to quash the same and consequently direct the respondents to process and approve the petitioner's prospective adoptive parent application No.PrTN21111236805, registered on 12.11.2021.2. It is the case of the petitioner that she had undergone a surgery in Kilpauk Medical College, Chennai and the hospital authorities had performed the sex re-assignment surgery and issued a certificate stating that the petitioner is a transgender and the Government had also issued an identity card for the same. Page No. 2 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023The change has also been notified in the Government Gazette on 18.10.2013 as per the Rules in force. The Government had also recognised the petitioner as transgender and issued an identity card bearing No.3273 of 2009.(ii) The petitioner applied for the post of Sub-Inspector of Police on 26.02.2015 and the application of the petitioner was rejected on 22.09.2022 and was not permitted to appear in the written examination, as the petitioner is a transgender. According to the petitioner, the right to equality as contained in Article 14 of the Constitution of India, is violated by the concerned Department. When the petitioner approached this Court, this Court directed the Department to take corrective measures for including the third gender as a category and as such, the petiioner is appointed as Sub-Inspector of Police in the year 2016 and at present, the petitioner is working as Assistant Immirgration Officer.(iii) The petitioner's loneliness made her to seek adoption of a child and therefore, the petitioner approached the second respondent on 12.11.2021 by way of online prospective adoption parents application with M/s.Holy Apostles Convent Agency. After filing the application, the prescribed fee was paid by the petitioner, but the petitioner's application was rejected on 22.09.2022 stating that the second respondent had not sent the Home Study Report and also on the ground that the petitioner is a transgender. Page No. 3 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023(iv) Section 57(3) of the Juvenile Justice Act provides that a single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. Any person can adopt a child and the term "person" is not gendered and therefore, the transgender fits in the definition and therefore, the petitioner can adopt a child. If the third gender gets the right of adoption, then they would be able to give a good living to the orphan children, as all such children want is a good life with basic facilities and happy environment. The petitioner being a Government servant, can give utmost care to a child on adoption and there are many transgenders who have played excellent role in parenting their adoptive children. Hence, the petitioner has challenged the rejection of the application for adoption of child.3. Learned counsel for the petitioner submitted that the petitioner participated for the post of Sub-Inspector of Police pursuant to the direction of this Court and was selected as Sub-Inspector of Police and working in law enforcement agency. From 2011, the petitioner is alone, which makes the petitioner to feel the emptiness in her life and hence, the petitioner had decided to adopt a child (male or female). Thereafter, on 12.11.2021, the petitioner Page No. 4 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023approached the second respondent-CARA by way of online application with the Holy Apostles Convent Agency. However, the said application was rejected by the impugned order dated 22.09.2022, against which, the present Writ Petiton is filed by her.4. Learned counsel for the petitioner further submitted that as per Sections 56 and 57 of the Juvenile Justice Act, the petitioner is entitled to make an application before the CARA for adoption. As per Section 57(3), a single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. When Section 57 (3) clearly speaks of any person, such person will also include a 'transgender' and, therefore, the petitioner would be fully eligible and within the four corners of the Act to adopt a child.5. Learned Deputy Solicitor General appearing for the respondents submitted that the Regulations are silent as to whether a 'single person' as provided u/s 57 (3) would include a 'transgender' and in the absence of a clear mandate in the provision that 'person' would also include transgender, the plea of the petitioner for adopting a child cannot be considered and, therefore, rightly Page No. 5 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023the impugned order has been passed and, therefore, no interference is warranted with the same.6. Heard the learned counsel appearing on either side and perused the materials available on record.7. There is no quarrel with the fact that the petitioner is a 'transgender' and for the purpose of employment opportunity, the petitioner knocked on the doors of this Court and the petitioner's plea was affirmatively considered. However, the main issue that falls for consideration is as to whether the term 'single' would also include a person being a 'transgender'. For better appreciation Section 57 of the Juvenile Justice (Care & Protection of Children) Act, 2015 is quoted hereunder :-"57. Eligibility of prospective adoptive parents.- (1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.(2) In case of a couple, the consent of both the spouses for the adoption shall be required.(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the Page No. 6 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023provisions of adoption regulation framed by the Authority.(4) A single male is not eligible to adopt a girl child..............."8. There is no quarrel with the fact that the term used u/s 57 (3) is single or divorced person and the term single person is not explicitly defined therein. However, notwithstanding the said fact, the said provision contains a further clause that the provisions of the adoption regulations framed by the authority requires to be fulfilled. Therefore, what are the regulations for adoption framed by the authority, which runs in tandem to Section 57 requires to be adverted to.9. Regulation 5 of the Adoption Regulations, 2022 deals with eligibility criteria for prospective adoptive parents to adopt a child. For better appreciation, the relevant provisions are quoted hereunder :-"5. Eligibility criteria for prospective adoptive parents.- (1)The prospective adoptive parents shall be physically, mentally, emotionally and financially capable, they shall not have any life threatening medical condition and they should not have been convicted in criminal act of any nature or accused in any case of child rights violation.(2) Any prospective adoptive parent, irrespective of their marital status and whether or not they have biological son or Page No. 7 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023daughter, can adopt a child subject to the following, namely:-(a) the consent of both the spouses for the adoption shall be required, in case of a married couple;(b) a single female can adopt a child of any gender;(c) a single male shall not be eligible to adopt a girl child...................."10. Clause (b) and (c) of Regulation 5 clearly spells out that who are all the persons, who can adopt a child and therein, specific mention is made to the gender 'male' and 'female'. The word 'single' or 'person' is conspicuously absent there. Reading Regulation 5 (b) and (c) in continuation with Section 57 (3) of the JJ Act, wherein there is a clear stipulation that a single or divorced person can also adopt subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations. When the Adoption Regulations in unequivocal terms permits only a 'male' and 'female' to adopt, that too, with clear restriction about the gender of the child, who can be adopted, a transgender, being a person, who does not fall in the above two categories has been clearly omitted from the ambit of adoption, as per the scheme of the Adoption Regulation read in conjunction with Section 57 (3) of the JJ Act. Rightly appreciating the above, the authority has declined the request of the petitioner for adopting a child, which cannot be said to be misconceived, perverse or Page No. 8 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023arbitrary and the same does not require any interference. 11. For the reasons aforesaid, this writ petition is dismissed by confirming the order impugned herein. However, this Court grants liberty to the petitioner to make appropriate representation to the 1st and 2nd respondent seeking necessary amendment to Section 57 of the JJ Act and also Section 5 of the Adoption Regulations so as to enable the petitioner to seek for adoption of a child. 12. This Writ Petition is dismissed with the aforesaid observation and direction. Consequently, connected miscellaneous petition is closed.07.10.2025Index : Yes / Nocs/GLNPage No. 9 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023To1. The Secretary Ministry of Women and Child Development, Government of India, Room No... 6th Floor, Shastri Bhawan, New Delhi.2. The Secretary Central Adoption Resource Authority (CARA), Wing No.2, West Block-8, R.K.Purak, New Delhi.Page No. 10 / 11 https://www.mhc.tn.gov.in/judis W.P.No.18257 of 2023M.DHANDAPANI, J.Cs/GLNW.P.No.18257 of 202307.10.2025Page No. 11 / 11

Find similar cases Start drafting free

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments

More cases under Constitution of India