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Gender change through surgery a constitutional right, rules Allahabad HC

Prayagraj: The Allahabad High Court has observed that a person has constitutional right to change their gender though surgical intervention.

Justice Ajit Kumar made the observation while hearing a plea of a woman constable in the Uttar Pradesh police who has sought permission for sex reassignment surgery (SRS).

The judge said that in modern society, one cannot be barred from changing gender.

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The court said, “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 matter has been listed for hearing on September 21.

The petitioner submitted before the court that she is experiencing gender dysphoria and identifies herself as a man. She submitted before the court that she had requested for SRS authorisation on March 11, to the Director General of Police in Lucknow. However, no decision has been taken in this regard so far leading to the filing of the petition.

The constable’s counsel cited the Supreme Court judgment in National Legal Services Authority vs Union of India to contend that respondents were not justified in withholding petitioner’s application.

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