New Delhi (Agency): In a landmark decision, the Allahabad High Court in India has stated that a person has the constitutional right to change their gender through surgical intervention. The observation was made by Justice Ajit Kumar while hearing a plea from a female constable in the Uttar Pradesh police force who sought permission for sex reassignment surgery (SRS).
The judge highlighted that in today’s modern society, no one should be barred from changing their gender. The court further noted, “A person experiencing gender dysphoria can suffer from various issues, including anxiety, depression, negative self-perception, and discomfort with one’s own sexual anatomy. If psychological interventions prove ineffective in alleviating such cases, surgical gender transition should be encouraged.”
The case stems from a petition by a constable who identified herself as a man and requested authorization for SRS on March 11 to the Director General of Police in Lucknow. The lack of a decision led her to file the petition.
The constable’s counsel referred to the Supreme Court judgment in the case of National Legal Services Authority vs Union of India, arguing that the respondents were not justified in withholding the petitioner’s application.
The matter has been scheduled for further hearing on September 21.
The Allahabad High Court’s decision is significant as it recognizes the individual’s right to their gender identity and the freedom to pursue surgical interventions to align with that identity. It reflects a growing acceptance of transgender rights in the legal sphere and adds to the body of judgments that acknowledge the autonomy and dignity of persons experiencing gender dysphoria.
