According to a ruling by the Indian Supreme Court, decisions of a High Court on the constitutionality of a law apply throughout India, and not just to the territory of the state over which the High Court in question has jurisdiction.
Kerala became one of the first States in India to follow this up with a welfare policy for the transgender community and in 2016, introduced free Sex Reassignment Surgery (SRS) through government hospitals.
Homosexual intercourse was made a criminal offence under Section 377 of the Indian Penal Code, 1860.
This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature." In 2009, the Delhi High Court decision in Naz Foundation v. of NCT of Delhi found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution.
: The Madras High Court has come to the rescue of a 25-year-old transgender who has sought help to change her name, in all the education records and issue fresh certificates, subsequent to the sex change surgery underwent by her. She then obtained her BCA degree in April 2011 and PG Diploma in computer application from Coimbatore.
The officials have been directed to consider the applications. Pradeep Kumar and completed SSLC in the year 2005-2006 and higher secondary education in 2007-2008 in Salem.
Prithika Yashini, to submit fresh applications to the director of government examinations, controller of examinations in Bharatiyar University in Coimbatore and Periyar University in Salem.
After sensing some changes in her, she came to Chennai in 2011 and with the help of some NGOs underwent sex-reassignment surgery at Kilpauk Medical College Hospital.
She also got an identity card from the Tamil Nadu Transgender Welfare Board.
In October 2013, she changed her name from to Prithika Yashini and it was published in government gazette too. She states that she received poor response when she submitted petitions to the director of government examinations and Bharatiyar University to change her name in her education certificates.“I was made to run from pillar to post,” she states in the petition.
Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons.
However, Kerala has been at the forefront of LGBT issue, along with its neighbour Tamil Nadu.