Delhi HC Orders Medical Examination For Transgender Person Amid Concerns Of Self-Harm & Gender Dysphoria; Allows Her To Go Wherever She Wants
The Delhi High Court directed a medical examination and counseling for a transgender individual experiencing distress and ‘Gender Dysphoria,’ allowing her to go wherever she wanted since she did not wish to return to her parent's residence.
During a separate interaction with the Court, the Transgender individual revealed her preference to be recognised as a woman and expressed significant distress about her "male body parts," reiterating her female identity. The Court reviewed her medical records from the Institute of Human Behaviour and Allied Sciences (IHBAS), where she had been diagnosed with ‘Gender Dysphoria’ and advised ‘Supportive Therapy.’
A Division Bench of Justice Suresh Kumar Kait and Justice Manoj Jain observed, “During such interaction, we asked her to tell us the name of any hospital where she would like to undergo such medical examination or counseling but she has left it to us to take appropriate decision in this regard. After having interaction with all concerned and with Dr. Mahadev of IHBAS, we deem it appropriate if xxxx is examined at AIIMS by a team of doctors and to then advice accordingly, keeping in mind her sexual orientation.”
Advocate Amritanand Chakravorty represented the petitioner, while S.C. Sanjay Lao appeared for the respondents.
The parents of the transgender person, while aware of her sexual orientation, expressed concerns for her safety in the apprehensions of self-harm. “They, however, are, at the same time, concerned about her safety and apprehend that she may harm herself and feel that she has been misguided,” the Court noted.
The Bench followed the guidelines established by the Supreme Court in Devu G Nair v. The State of Kerala. These guidelines pointed to the necessity of creating a supportive and non-coercive environment for the concerned individual to express their wishes freely and without undue influence.
“During our interaction with xxxx, she desired that she be called xxxx as she identifies herself as a woman…she had expressed distress about her male body parts and reiterated before the doctor that she identified herself as a female. The doctor also noted the symptoms of anger outburst and anxiety with apprehension of impulsive self-harm. Her clinical status was tentatively noted as Gender Dysphoria and adjustment issues and she was advised Supportive Therapy as well,” the Court noted.
Acknowledging that the transgender person was an adult, the Court respected her wish not to return to her parent's residence and her request for a medical examination at her choice of hospital. The All India Institute of Medical Sciences (AIIMS) was chosen for this purpose. The court directed AIIMS to conduct the examination and provide a report by July 10, 2024.
Consequently, the Court held, “Since xxxx is major and is not at all interested in going back to the residence of her parents, she is at liberty to go back wherever she wants. She, states that she would be going to xxxx.”
Accordingly, the High Court listed the matter for hearing on July 10, 2024.
Cause Title: Jennifer Thomas v. The Government Of NCT Of Delhi & Ors.
Appearance:
Petitioner: Advocates Amritanand Chakravorty, Mihir Samson and Sitamsini Cherukumalli
Respondents: S.C. Sanjay Lao and Tushar Sannu; Advocates Priyam Agarwal, Abhinav Kumar Arya, Shivesh Kaushik, Vikas Walia, Yash Sharma and Sahaj Karan Singh
