Bidhan Barua, a second-year commerce student from Guwahati, will now have to wait longer for a sex-change operation.
Thwarted by his parents and stonewalled by the hospital where the surgery was scheduled for April 17, Barua had moved court. On Friday, the Bombay high court bench asked him to approach another bench.
Barua, who calls himself Swati, says he felt like a woman in a man’s body. He preferred dressing up in women’s attire, something that angered his family. He wanted the operation so he could marry a flight lieutenant in the Indian Air Force.Barua said once he learnt that there were medical procedures to remedy his situation, he did odd jobs to earn money for the surgery.
He left for Mumbai to his cousin’s place in March, but his father and brother tracked him down and allegedly threatened to take him back home. They even threatened to kill him and his boyfriend if he underwent the sex reassignment procedure, Barua alleged in his complaint with the Mumbai police.
Barua’s petition said his family had blocked his bank account, which the bank later unblocked.
The surgery was to be conducted at Saifee hospital in Mumbai. But after his parents threatened the doctors, they refused to perform the operation without a high court order.
According to Ejaz Naqvi, Barua’s advocate, this is a case of right to medical treatment and right to life under the constitution under various acts such as Transplantation of Human Organs Act.
Being a major, the petitioner is capable of taking decisions, such as the sex change operation, his lawyer said.
The bench, headed by chief justice Mohit Shah, directed the petitioner to mention the matter before the bench of justice SF Vajifdar and justice AR Joshi, which will hear the matter on Monday.