As per definition pronoun "he" and its derivatives are used of any person, whether male, female or transgender. For the first time, word "transgender" has been included in the definition of "gender", meaning thereby, transgenders cannot claim themselves to be male or female as they are given separate identity. {Para 10}
11. Section 2(35) of BNS defines "Woman" as under:
"2 (35) "woman" means a female human being of any age."
12. As per aforesaid provision of law, woman means female human being of any age. Since under BNS, "woman" and "transgender" have been given different identity and have been defined independently, under Section 2 coupled with the fact that physical relationship inter-se victim- prosecutrix and bail petitioner, if any, was developed prior to surgery of victim-prosecutrix, whereby she allegedly got her sex changed, there appears to be force in the claim of the bail petitioner that he could not have been booked under Section 69 of the BNS.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. MP(M) No. 1798 of 2024
Decided On: 30.08.2024
Bhupesh Thakur Vs. State of Himachal Pradesh
Hon'ble Judges/Coram:
Sandeep Sharma, J.
