Allahabad HC Directs DGP To Review Woman Constable's Sex Reassignment Surgery Request Upholding Its Constitutional Validity
|The Allahabad High Court directed the Director General of Police to consider the petitioner's application for Sex Reassignment Surgery (SRS). Petitioner who is a woman constable in the Uttar Pradesh Police sought permission for SRS due to experiencing Gender Dysphoria where she has a feeling of a male in herself trapped in a female body.
A Bench of Justice Ajit Kumar observed that, “One should not have any doubt that if a person suffers from gender dysphoria and except for physical structure, her feeling and also the traits of opposite sex so much so that such a person takes a complete misalignment of her personality with physical body, such a person does possess a constitutionally recognized right to get his/her gender changed though surgical intervention.”
The case referenced a Supreme Court judgment, National Legal Services Authority v. Union of India and Others (2014), which recognized the rights of transgender individuals and their right to self-identify their gender. The court's judgment emphasized the importance of recognizing gender identity as integral to an individual's dignity and autonomy.
Advocate Ram Janam Shahi appeared for the Petitioner.
The petitioner's counsel argued that the petitioner's right to undergo SRS should not be withheld, as the Supreme Court's directions should be followed even in the absence of specific statutory provisions. The counsel referred to the Transgender Persons (Protection of Rights) Act, 2019, which also addresses healthcare facilities for transgender individuals, including SRS.
The court emphasized that in modern society, ignoring the right to gender transition could worsen gender identity disorders, which can lead to fatal consequences due to anxiety, depression, and self-image issues. If psychological interventions fail, surgical intervention should be promoted.
“If we, in the modern society do not acknowledge this vested right in a person, we would be only encouraging gender identity disorder syndrome. At times such a problem may be fatal as such a person may suffer from disorder, anxiety, depression, negative self image, dislike of one's sexual anatomy. If psychological interventions to alleviate such distress as above fail, surgical intervention should become a must and should be encouraged.”
Therefore, the Court found no reason for the police to deny the petitioner's application for gender transition. The Court ordered the Director General of Police to dispose of the petitioner's application for SRS and directed the State Government to provide information about any relevant legislation or rules in compliance with the Supreme Court's directions.
The matter will be taken up on September 21, 2023 in the list of top ten cases.
Cause Title: Neha Singh v. State of U.P. & Ors.
Click here to read/download the Order