Factual Background 

In the case of X v. Government of Rajasthan a Writ Petition was filed by a person who underwent gender reassignment surgery asking for recognition as a man and a change of name and gender in their service record. The petitioner, who was appointed as a Physical Training Instructor Grade III under the General girl Category by order dated 12-7-2013, was born a girl and completed her education in accordance with that fact. When the petitioner saw a psychiatrist at the age of 32, any psychiatric problem was ruled out based on a thorough clinical evaluation, and it was revealed that the petitioner had a gender identity issue and was therefore qualified for Sex Reassignment Surgery. It was also revealed that the petitioner got married and gave birth to two children out of wedlock after having the surgery.

The petitioner requested to change his name on the Aadhar Card as well as the Official Gazette of India on September 8, 2018, after obtaining the status of a man. The issue was forwarded to the Joint Director of Secondary Education for further action, but even after more than three years had passed, nothing had changed. As a result, the present petition requested that the Court issue the appropriate order.

Issue 

Whether the individual has the right to be recognized as a member of the gender of one’s choice if one is born a woman but has a predominately male orientation

Analysis of Courts Decision 

Justice Anoop Kumar Dhand of the Rajasthan High Court upheld the petitioner’s right to be recognised as a man and instructed him to file a request with the District Magistrate in accordance with Section 7 of the Transgender Persons Protection of Rights Act, 2019, as well as to request that the relevant certificate be issued and that his service record be updated. The Court stated that the ability to select one’s sex or gender identity is a fundamental component of one’s ability to exercise self-determination, dignity, and independence.

The Court noted the advances in gender science and specifically stated that the right to equality is protected by our Constitution of India as a fundamental right that we acquire the day we leave the protection of our mother’s womb. Regardless of gender, everyone on this earth has the right to be treated with respect and dignity. In accordance with Section 7 of the 2019 Act, the Court ordered the petitioner to present an application to the District Magistrate. The Court further ordered the relevant District Magistrate to issue the necessary certificate within 60 days after verifying the gender reassignment, and the authorities to take immediate action within one month to change the petitioner’s name and gender in the service record in accordance with the certificate.