The court’s ruling on how to define “women”, Scottish women’s principal issued a statement on Wednesday in London’s Supreme Court. |Photo source: AFP
On April 16, the UK Supreme Court unanimously ruled that only biological women, not trans people, meet the definition of women who are equal to the law. Central issue Scotland Women Limited (Appellant) and Scotland Minister (Interviewee) is whether the Equality Act 2010 treats trans women with a Gender Recognition Certificate (GRC) as all purposes within its prescribed scope, or when the Act says “women” and “gender” it refers to a biological woman and biological sexual behavior”.
ruling
In an 88-page trial, five judges – three men (Lord Reed, Lord Hodge, Vice President Lloyd Jones) and two women (Los Rose, Mrs. Emler) – believed they wanted to address the “meaning of words” used by the EA in 2010 by the Parliament in EA to protect women and legislative members of transgender communities to fight discrimination. It said that among the people who recognize that in EA in 2010, their “protected” are characterized by gender, while the “protected” of “transgender” are characterized by gender. After hearing about the appellant and defendant, as well as experts and activists, the Supreme Court of the UK gave its “statutory interpretation” that the terms “women” and “sex” refer only to biological women and biological gender.
Transgender rights
Trans supporters and activists fear that the ruling is a setback in trans-inclusiveness. Jane Fae, director of the campaign group, told guardianthe ruling has deprived the “minimum” of protections for trans people by reducing legal protections only to cases involving harassment, discrimination or equivalent salary. Kishwer Falkner, chairman of the Equal and Human Rights Commission (EHRC), passed by saying the court’s judgment means “only biological women can use single-sex women and women’s toilets, or participate in only women’s sporting events and teams, or put women’s illnesses in hospitals.” Many trans people who experience gender redistribution acknowledge the toilet problem – should trans people be allowed in women’s spaces? – Need to be resolved. The judge advised not to use the judgment as a victory for one or more groups in one or more societies, at the expense of another group, “No,” Justice Hodge told the media. The judge held that the Gender Recognition Act 2004 continues to provide legal recognition of trans people’s rights, which has a practical impact on individual rights and freedoms “including in the context of marriage, pension, retirement and social security). The ruling notes that trans people are also protected by the indirect discrimination provisions of EA 2010 EA 2010 EA “without the need for gender reading certified to EA 2010”.
Gender Law
After the withdrawal of Scottish National Party leader Nicola Sturgeon, the movement to change trans laws disappeared in Scotland. She suddenly resigned in 2023, but before she received a lot of criticism for her plans to change gender laws, people without a gender-recognition certificate have the right to the same protection as biological women. The Scottish government said it accepted judgment and protection of all group rights, which would be a future move. Regarding the Scottish woman who called on the Scottish government to plan, it is proven because it believes that only biological women should have the right to women’s rights.
The UN Human Rights Commission uses the term “transgender” as an umbrella to describe people whose own gender awareness is different from those of their birth. Human rights violations of transgender people include violence, discrimination (Hijra communities in India are slums and efforts to access health care, education or housing), lack of legal recognition of their identity and harassment. The United Nations says trans people are often called “pathologized” but are different and should not be considered a disease. The United Nations emphasizes that pathology is one of the fundamental causes of human rights violations faced by transgender people.
Around the world, the gradual elimination of rights for those who are not suitable for the duality of men and women. In Hungary, for example, the wider crackdown on the LGBTQIA+ community affected transgender people, with the government noting that there are two types of men and women, male and female, and that the legal norms are based on “biological reality.” U.S. President Donald Trump has signed an executive order banning trans athletes from participating in women’s and women’s sports, a fiercely divided topic.
The ruling will have an impact on sports where trans women have been banned from participating in women’s activities, track and field, cycling and water sports. Reuters reported that the British Football Association proposed stricter rules, but still allowed trans women to participate in women’s competitions as long as testosterone is kept below a certain level. These norms may change after a ruling.
In the United States, Mr. Trump also signed an order saying the administration recognizes only two genders: men and women. Experts say: “Gender is a spectrum, not a binary structure.” India passed the Transgender People (Right Protection) Act in 2019, which defines trans people as people whose gender does not match the gender assigned at birth. It prohibits discrimination against them in employment, education, housing, health care and other services. But the community was shocked by certain terms, including a task where everyone must be considered “transgender” based on identification issued by a district magistrate judge. This ignores the recommendations of the Screening Committee proposed by the Standing Committee in 2016. If a local magistrate refuses to sign such a certificate, there is no scope for appeal or remedy. The need for trans people has always been that any legal framework should take into account community advice.
publishing – April 19, 2025 05:00 AM IST
