'Everyone has constitutional right to undergo sex change in gender dysphoria cases': UP HC to DGP on woman cop's plea

While hearing a Female UP police constable’s plea seeking permission to undergo a gender-affirmation surgery, the Allahabad High Court asserted that every person possesses a constitutional right to undergo sex change in cases where they experience gender dysphoria. The court then directed the UP Director General of Police (DGP) to dispose of the application submitted by the female constable in the department seeking permission for the same. Justice Ajit Kumar emphasized that individuals with gender dysphoria, whose emotional and psychological traits misalign with their physical gender, have a legitimate right to seek surgical intervention to align their body with their self-identified gender. Failing to recognize this right may contribute to the persistence of gender identity disorder syndrome, which can lead to severe distress including anxiety, depression, and negative self-perception. The petitioner’s lawyer cited the 2014 Supreme Court case of National Legal Services Authority vs Union of India and Others, in which transgender individuals were recognized as the “third gender” and granted the right to self-identify as male, female, or third gender. According to the petitioner’s counsel, the respondents were obligated to consider the application for SRS in light of the 2014 Supreme Court ruling, which affirmed that gender identity is an essential aspect of an individual’s dignity. The court also called on the state government to inform the court about the existence of guidelines based on the 2014 Supreme Court decision. These guidelines would ensure that transgender individuals receive appropriate medical care in hospitals and have access to separate public restrooms.