Allahabad High Court Upholds Constitutional Right to Gender Reassignment Surgery
In a landmark judgment, the Allahabad High Court has affirmed that individuals possess a constitutional right to change their gender through surgical intervention. This pivotal decision came in response to a plea by a female police constable from Uttar Pradesh (UP) who sought permission for sex reassignment surgery (SRS).
Justice Ajit Kumar, presiding over the case, made a profound observation, stating,
“If a person suffers from gender dysphoria and, except for physical structure, her feelings and traits align with the opposite sex to the extent that there’s a complete misalignment of her personality with her physical body, such an individual does possess a constitutionally recognized right to undergo gender reassignment through surgical intervention.”
The court further emphasized the societal implications of not acknowledging this inherent right.
“In our modern society, failing to recognize this vested right would only perpetuate gender identity disorder syndrome. Such conditions can lead to severe consequences, including anxiety, depression, negative self-perception, and discomfort with one’s own sexual anatomy. When psychological interventions prove ineffective, surgical intervention becomes not only necessary but should also be actively encouraged,”
the bench added.
The petitioner, a constable with the Uttar Pradesh Police, had approached the court on April 29, highlighting her experience with gender dysphoria. She had previously submitted a request for SRS authorization to the Director General of Police in Lucknow on March 11, 2023. However, the absence of a decision on her application prompted her to move the court.
During the proceedings, the petitioner’s counsel heavily relied on the 2014 Supreme Court judgment in the case of National Legal Services Authority vs Union of India. This landmark decision recognized transpersons as the third gender and affirmed their rights. The counsel argued that, based on this ruling, the authorities were obligated to make a decision on the petitioner’s application.
Justice Ajit Kumar’s bench also sought clarity from the state government on the implementation of guidelines in line with the Supreme Court’s 2014 decision. This directive from the apex court emphasized the provision of medical care for transgender individuals in hospitals and the establishment of separate public facilities, among other welfare initiatives.
The Allahabad High Court’s decision underscores the importance of recognizing and upholding the rights of individuals experiencing gender dysphoria, further cementing the path towards a more inclusive society.
