The constitutional right to have gender surgery.
The Allahabad High Court, in a recent ruling, has recognized an individual’s constitutional right to undergo gender transition through surgical means. This judgment was made by Justice Ajit Kumar during a case involving a female constable in the Uttar Pradesh police who had requested permission for sex reassignment surgery (SRS).
Justice Kumar emphasized that in today’s society, no one should be prevented from changing their gender. The court stated, “A person experiencing gender dysphoria can face various challenges, including anxiety, depression, negative self-perception, and discomfort with their own sexual anatomy. When psychological interventions fail to provide relief in such cases, surgical gender transition should be encouraged.” The case is scheduled for further hearing on September 21.
The petitioner explained to the court that she is grappling with gender dysphoria and identifies as a man. She disclosed that she had applied for SRS authorization on March 11 to the Director General of Police in Lucknow. However, no decision had been made on her request, leading her to file this petition.
The constable’s legal representative cited the Supreme Court‘s ruling in the case of National Legal Services Authority vs. Union of India to argue that the authorities were not justified in withholding the petitioner’s application.