On April 16, the UK Supreme Court issued a landmark ruling in For Women Scotland Ltd v The Scottish Ministers, clarifying that the terms “woman” and “sex” in the Equality Act 2010 refer exclusively to biological sex assigned at birth. This interpretation allows organisations to lawfully exclude transgender women from single-sex spaces — such as hospital wards, shelters, and sports categories — even if they hold Gender Recognition Certificates (GRCs). Given the scope of the Equality Act, the ruling carries far-reaching implications for trans people in the UK.

This judgment is political in nature — it reverses hard-won protections and significantly affects how trans women access public spaces. Many trans people fear increased vulnerability in an already transphobic and patriarchal society. It is worth noting that anti-discrimination laws in the UK and India are structured quite differently. India does not have a comprehensive anti-discrimination law; constitutional rights are largely enforceable only against the state. However, certain provisions — such as the abolition of untouchability or prohibition of child labour — apply horizontally to private individuals. Article 15(2), for instance, ensures that no citizen can be denied access to shops, restaurants, hotels, or places of public entertainment on grounds of religion, race, caste, sex, or place of birth. This horizontal application can, at times, clash with the freedom of association, where individuals claim the liberty to exclude others based on personal conscience. While anti-discrimination bills have been proposed in India, none have been enacted. Nonetheless,........

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