The Rajasthan High Court recently emphasized the significance of an individual's right to choose their sex or gender identity, stating that it is an integral aspect of their personality and essential for self-determination, dignity, and freedom. In a recent order on May 25, Justice Anoop Kumar Dhand, a single judge, directed the authorities to consider changing the service record details of a person who was assigned female gender at birth.
The petitioner, who had initially secured a job in the General Female Category in 2013, was diagnosed with Gender Identity Disorder (GID) and subsequently underwent gender reassignment surgery (GRS) to transition from female to male. He later married a woman and became a father of two children. The petitioner argued that unless his name and gender were changed in his service records, it would be challenging for him and his family to avail the benefits entitled to his service. Thus, the authorities were requested to make the necessary changes.
However, the State opposed the submissions, stating that the petitioner was appointed as a female candidate, and the recorded name and gender were based on the identity provided at that time. The State argued that a declaration from the Civil Court should be obtained to change the sex based on gender identity.
After considering the arguments, the Court emphasized that gender identity is a fundamental aspect of an individual's life. It asserted that everyone is entitled to enjoy all human rights without discrimination based on sexual orientation or gender identity. The Court also referred to the Rigveda, which recognizes men as "Purush" and women as "Prakriti," and acknowledges the existence of a third gender, referred to as "Tritiya Prakriti."
The Court further highlighted that the right to equality is guaranteed by the Constitution of India, and every individual, regardless of their gender, deserves respect and dignity. It recognized that there are more genders than just cisgender, and referred to the provisions of the Transgender Persons (Protection of Rights) Act of 2019, which aims to provide equality and respect to transgender persons.
The judgment emphasized that the Act allows individuals who have undergone gender reassignment surgery prior to 2019 to apply for a change in gender through the District Magistrate. Denying such a right to individuals who have already undergone the surgery would undermine the purpose of the Act and lead to discrimination.
Therefore, the Court ordered the petitioner to file an application before the District Magistrate seeking a change in gender details and then make a fresh application to change the service records. The authorities were directed to submit a compliance report, and the matter was adjourned until September 4.
Advocates Arvind Sharma and Mamta Agarwal represented the petitioners, while Additional Government Counsel S Zakawat Ali represented the State.
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TAGS: Rajasthan High Court single-judge Justice Anoop Kumar Dhand sex gender identity personality self-determination dignity freedom service record assigned female gender General Female Category Gender Identity Disorder (GID) gender reassignment surgery (GRS) male married father benefits authorities State Civil Court Rigveda Purush Prakriti Tritiya Prakriti third gender right to equality Constitution of India transgender Transgender Persons (Protection of Rights) Act of 2019 District Magistrate compliance report advocates Arvind Sharma Mamta Agarwal Additional Government Counsel S Zakawat Ali.
