The Allahabad High Court has recently directed the State Director General of Police (DGP) to address an application put forth by a police constable seeking authorization for Sex Reassignment Surgery (SRS).
A single bench of Justice Ajit Kumar emphasized in the order that an individual possesses a Constitutional right to alter their gender through surgical intervention.
The order stated, “It should be beyond doubt that if an individual experiences gender dysphoria and exhibits feelings and attributes consistent with the opposite sex to the extent that their personality significantly misaligns with their physical body, such an individual undeniably holds a constitutionally acknowledged right to undergo gender change via surgical intervention.”
The Court further expressed that the failure to recognize an individual’s intrinsic right to modify their identity within the contemporary society would perpetuate the “gender identity disorder syndrome.” The order elaborated, “In some cases, this issue can lead to serious consequences, as the individual may experience disorders, anxiety, depression, negative self-image, and aversion to one’s sexual anatomy. If psychological interventions fail to alleviate such distress, surgical intervention should be deemed necessary and encouraged.”
The petitioner, a constable employed by the Uttar Pradesh (UP) Police, approached the Court asserting that they were grappling with gender dysphoria and sought to undergo SRS to embrace a male identity fully. Despite being designated as female at birth, the petitioner claimed to exhibit all characteristics of a male and to be attracted to women. They also expressed feelings of being a male confined within a female body, indicating a case of Gender Dysphoria.
The petitioner submitted an application for the requisite approval for SRS on March 11, 2023, but no decision was rendered.
During the proceedings in the High Court, the petitioner’s legal counsel invoked the Supreme Court’s pivotal ruling in the case of National Legal Services Authority v. Union of India, which upheld the rights of transgender individuals. This judgment recognized gender identity as integral to an individual’s dignity and intrinsic to personal autonomy and self-determination.
The counsel also referred to Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, which addresses healthcare services including SRS and hormonal therapy. Additionally, they cited a recent verdict from the Rajasthan High Court that allowed a physical training instructor to modify their name and gender in service records following SRS.
Following the arguments, the Court concluded that there was no valid reason for the DGP to withhold the petitioner’s application. Therefore, the Court instructed the DGP to address the pending application in accordance with the judgments referenced in the order.
Furthermore, the Court directed the State government to submit an appropriate affidavit confirming whether they have formulated any Act aligning with the Supreme Court’s directions in the NALSA case. Justice Kumar added, “However, it is also provided that if such an Act or Rule has not yet been formulated, the State Government will ensure the creation of such legislation in line with the Central legislation.”
The case is scheduled to be heard again on September 21, 2023.
