Allahabad High Court allows police constable to undergo sex reassignment surgery

The Allahabad High Court recently directed the State Director General of Police (DGP) to dispose of an application moved by a police constable seeking permission for Sex Reassignment Surgery (SRS) [Neha Singh v. State Of UP & 2 Ors]..Justice Ajit Kumar stated in the order that a person has the Constitutional right to change his/ her gender through surgical intervention. "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 Court went on to hold that failure to recognize an individual's inherent right to alter their identity in contemporary society would promote the persistence of "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," the order stated..The petitioner, a constable employed by the Uttar Pradesh (UP) Police, moved the Court claiming to be experiencing gender dysphoria and wanted to undergo SRS to fully embrace male identity.The petitioner though assigned female gender at birth, claimed to be having all the traits of a male with attraction to women. The petitioner further claimed to have feelings of a male trapped in a female body. Accordingly, it was claimed that the petitioner was suffering from Gender DysphoriaThe petitioner had applied for necessary sanction for the SRS on March 11, 2023, but no decision was taken..Before the High Court, counsel for the petitioner relied on the Supreme Court judgment in National Legal Services Authority v. Union of India, a landmark decision on the rights of transgender persons.It was pointed out that the top court in this case had held gender identity to be integral to the dignity of an individual and was at the core of personal autonomy and self-determination.He also cited Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, which covers healthcare services such as SRS and hormonal therapy.Reference was also made to a recent decision of the Rajasthan High Court which permitted a physical training instructor to alter their name and gender in service records following a sex reassignment surgery..After hearing the arguments, the Court held that there was no justification for the DGP to withhold the application of the petitioner. Thus, the Court directed him to dispose of the pending application in light of the judgments referred to in the order.The Court also directed the State government to file an appropriate affidavit as to whether it has framed any such Act in compliance with directions issued by the Supreme Court in the NALSA case."However, it is provided at the same time that any such Act or Rule if has not been famed till date, the State Government will ensure to frame such Act at par with the Central legislation," Justice Kumar added.The matter will be heard next on September 21..Advocates Ram Janam Shahi and Pramod Kumar Yadav represented the petitioner..[Read Order]