Constable refused leave for sex change told to move tribunal by Bombay High Court

Bombay High Court today asked constable Lalita Salve to approach the Maharashtra Administrative Tribunal (MAT) for not getting leave to go ahead with her sex reassignment plan.

Salve's lawyer Sayed Ejaz Naqvi mentioned the petition for urgent hearing before the division bench of Justice S C Dharmadhikari and justice B H Dangre.

Naqvi explained to the judges that salve has been asked by the JJ hospital doctors to get admitted at the earliest for the sex reassignment procedure to be undertaken. However, her seniors have refused to grant her the leave.

Justice Dharmadhikari asked which service was Salve in. On Naqvi saying that she was in the Police service, Justice Dharmadhikari asked her to approach the Maharashtra Administrative Tribunal, as only after that option is exhausted can a petition regarding government service can be heard by Bombay High Court.

The petition states that Lalita's doctors have found that she is suffering from gender dysphoria type abnormality (uniqueness) and a surgery is needed. The Doctors have opined that for her to be of sound mind she has to undergo sex reassignment operation.

Lalita has attached her medical papers including the Psychiatrist Test report dated 23/06/16 issued by doctors of a Mumbai hospital.

Naqvi persisted that the case entails 'right to meaningful life as well' however court said that tribunal could hear that as well.

Lalita, born in June 1988, said in her petition that she wants respectable life and feels that the police order is discriminatory.

"Sexual preferences are covered under / are part and parcel of rights to privacy of an individual. Which falls under Fundamental Right to life & liberty as per Article 21 of constitution of India. The police department is erring and violating the constables fundamental rights by not allowing her to reform her sexual preferences," says Naqvi.