On May 25, Rajasthan High Court allowed a physical trainer to change his name and gender on his service record from female to male. The petitioner identified as Chinder Pal Singh got his sex reassignment surgery after a psychological evaluation between 2014 and 2017 from Kokilaben Dhirubhai Ambani Hospital, Mumbai. He was on hormone replacement therapy since then.
Human Being’s Right To Choose Sex Or Gender One Of Most Basic Aspects Of Self Determination, Dignity And Freedom: Rajasthan High Court #RajasthanHC https://t.co/oEG8ARaPOl
— Live Law (@LiveLawIndia) May 28, 2023
In the judgment, Justice Anoop Kumar Dhand remarked that the right of a human being to choose his or her sex or gender identity is an integral part of his or her personality. He added that it is one of the most basic aspects of self-determination, dignity and freedom.
Right to equality is guaranteed by our Constitution which is our basic Fundamental Right which we inherit since we become a part of our mother’s womb. Everybody on this planet has a right to be treated with respect and dignity, be it a Male or a Female or any other gender: HC
— Live Law (@LiveLawIndia) May 28, 2023
Furthermore, Justice Dhand remarked that every person is entitled to enjoy all human rights that are a basic necessity to survive without any discrimination based on gender identity or sexual orientation. The court said, “Gender identity is the most fundamental aspect of life which refers to a person’s intrinsic value of being a Male or Female. There are times when the human body is not formed with all of its proper attributes, therefore genital anatomy problems may arise and many of them do not choose to undergo gender reassignment surgery to change their gender.”
Citing Rigveda, the court remarked, “According to the Rigveda, in Hindu mythology, three types of genders have been considered – the Male, that is the ‘Purush’, the Female that is the ‘Prakriti’ and the third gender that is the ‘Tritiya Prakriti’. In recent times modern Indian society has considered them as the third gender otherwise there was no such identity given to them legally. Still, all is not well, and the third gender people are struggling to constitute a part of the civil society.”
The petitioner was born as a female student and completed her studies as a female. She was later appointed as a physical training instructor, Grade III under General Female Category in 2013. At the age of 32, she was diagnosed with Gender Identity Disorder and the psychiatrist who did her evaluation found her fit for ‘Sex Reassignment Surgery’.
The petitioner then underwent the required surgery with Phalloplasty in the year 2014-2017 at Kokilaben Dhirubhai Ambani Hospital in Mumbai and became male from female. In August 2018, the consultant Urologist doctor issued a certificate that gave the petitioner status of the male gender. The name was changed from Chinder Pal Kaur to Chinder Pal Singh in the Official Gazette of India. He also got his name changed on the Aadhaar Card.
However, when he submitted a request to make the required changes in the service record in October 2018, the file was forwarded to the Joint Director, of Secondary Education. After waiting for three years, the petitioner submitted a plea in court to get the required changes in order.
In the view of The Transgender Persons (Protection of Rights) Act, 2019, the court said it is the right of a transgender person to be recognised not only as a transgender but also to have a right to self-perceived gender identity. The court said, “This court is of the opinion that the petitioner who has opted for the Male gender and has undergone sex reassignment surgeries for aiding his self-perception as a member of the said gender, would definitely be recognized as a Male gender and he is entitled to get the change and correction of his name and gender in his service record.”
The petitioner has been asked to submit an application before the District Magistrate and directions have been given to the DM to verify the application and issue the required certificate within a month. The court said, “Such procedure shall be completed by the District Magistrate within a period of sixty days from the date petitioner applies before him along with the certified copy of this order. On the basis of the certificate issued by the District Magistrate, the petitioner shall be at liberty to approach the authorities concerned i.e. the respondents, who shall take immediate steps to change the name and gender of the petitioner in his service record. Such exercise shall be completed within a period of one month from the date the petitioner approaches the respondents along with the certified copy of this order and the certificate issued to him by the District Magistrate.”
