The Allahabad High Court has expressed displeasure over “inaction” by the state government in making rules for transgender persons and directed it to take appropriate decision by October 18 on a female constable’s plea seeking permission for sex reassignment surgery.
A single-judge bench of Justice Ajit Singh passed the order recently during the hearing of the writ petition submitted by the unmarried female constable in the Uttar Pradesh Police.
The petitioner claimed to be experiencing ‘Gender Dysphoria’ and expressed a desire for sex reassignment surgery (SRS) to align her physical appearance with her true male identity.
State government counsel sought three months’ time to decide the application of the constable seeking SRS, but the court declined the request and said, “In the circumstances, it is hereby directed that by the next date October 18, 2023, appropriate decision shall be taken upon the pending application of the petitioner by the competent authority.”
The high court noted that the state government had not framed guidelines as per 2014 Supreme Court judgment. 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.
“The Court further records its dissatisfaction over the affairs at the level of State Government for non-compliance of the Supreme Court judgment that was delivered on 15th April 2014, whereas, the Central Government has acted immediately upon the same by framing Act but the State has remained a passive spectator and has not taken any decision, it appears, till date,” the high court observed.
“The manner in which the period of three months have been requested for seeking further time shows that the State is again adopting a very casual approach. No reason has been assigned as to why the State wants three months’ time to file an affidavit as was required by this Court on September 18, 2023,” the court said.