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2026 Supreme(Raj) 356

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, YOGENDRA KUMAR PUROHIT
Ganga Kumari D/o Bhika Ram – Appellant
Versus
State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Jaipur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vivek Mathur, Mr. Prakash Kumar Balout, Mr. Dhirendra Singh Sodha
For the Respondent: Mr. Deepak Chandak for Mr. B.L. Bhati, AAG Mr. Piyush Bhandari for Mr. Praveen Khandelwal, AAG Mr. Mahesh Thanvi Ms. Pragya Thanvi

ORDER :

Arun Monga, J.

1. Thus spoke their Lordships of Supreme Court of India –

“Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of the transgender community undergo, nor appreciates the innate feelings of the members of the transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in society’s unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change[ K.S.Panicker Radhakrishnan, J. NALSA v UOI (2014) 5 SCC 438, opening para 1.].”

x – x – x – x - x

“By recognising TGs as third gender, this Court is not only upholding the rule of law but also advancing justice to the class, so far deprived of their legitimate natural and constitutional rights. It is, therefore, the only just solution which ensures justice not only to TGs but also justice to the society as well. Social justice does not mean e

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