Gender change through surgery a constitutional right, says Allahabad HC
The petitioner, a constable employed by the Uttar Pradesh Police, moved the court on April 29 saying they were experiencing gender dysphoria
A person has the constitutional right to change their gender through surgical intervention, the Allahabad high court has observed, ordering the Uttar Pradesh director general of police (DGP) to decide on an application by a woman police constable who sought permission for sex reassignment surgery (SRS)
The petitioner, a constable employed by the Uttar Pradesh Police, moved the court on April 29 saying they were experiencing gender dysphoria and applied for a necessary sanction to undergo SRS on March 11, 2023.
“The petitioner submitted the request for SRS authorisation on March 11, 2023, to the Director General of Police in Lucknow, U.P. However, no decision has been reached in this regard, leading to the filing of this petition,” the petitioner’s legal representative told the court during a hearing on August 18.
Acknowledging the constable’s right to undergo SRS, a single-judge bench of justice Ajit Kumar observed, “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 order was passed on August 18.
During the hearing, the counsel for the petitioner relied on the 2014 Supreme Court judgment in National Legal Services Authority vs Union of India — a landmark decision on the rights of transpersons — to argue against withholding the petitioner’s application.
On April 15, 2014, the Supreme Court recognised transpersons as third gender and affirmed their rights.
“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,”
“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.
The bench also instructed the state government’s counsel to provide information about the implementation of guidelines aligned with the Supreme Court’s 2014 decision. The apex court’s directive focused on ensuring medical care for transgender individuals within hospitals, along with provisions for separate public facilities and social welfare initiatives aimed at their betterment.