Allahabad HC Affirms That SRS Is A Constitutional Right
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By Our Editorial Team
First publised on 2023-08-25 14:31:59
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The India Commentary view
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The unstated principle of conduct for bureaucrats in India is - when in doubt, sit on the file. This was in evidence in a recent case in the Allahabad High Court when the UP Director General of Police did not take any decision on the plea for sex reorientation surgery (SRS) submitted by a constable experiencing gender dysphoria. Perhaps the DGP was not aware of the Supreme Court judgment in Nalsa vs Union of India or the Transgender Persons (Protection of Rights) Act, 2019. The court had to remind the DGP that "there should be no doubt that a person experiencing gender dysphoria, whose emotional and psychological attributes align with the traits of the opposite sex, possesses a constitutionally acknowledged right to undergo surgical gender change."
The court also said that "failing to acknowledge this inherent right would perpetuate gender identity disorder syndrome within our modern society. In certain cases, this syndrome can have severe consequences, including anxiety, depression, negative self-perception, and discomfort with one's own sexual anatomy. When psychological interventions prove ineffective in alleviating such distress, surgical gender transition should be deemed necessary and actively encouraged." It passed an order directing the UP Police to take a decision on the application. "The authority may request the submission of relevant materials and documents to assess whether the application warrants genuine consideration. Such a request must be supported by cogent material," it added.
This ruling will go a long way in ensuring that employers, both from the government and private sector, will now be more aware of the needs and rights of their transgender employees and hopefully not deny them the rights available to them under law or discriminate against them. The journey of transgender rights in India from legal invisibility to constitutional acknowledgment in the past decade is nothing short of remarkable. The Allahabad High Court order serves as a pivotal milestone, highlighting the rights of transgender individuals to undergo gender affirmation surgery. This ruling not only addresses healthcare and employment concerns but also exemplifies the continuing progress toward a more inclusive and equitable society.
