MUMBAI: The state
law department has expressed the view that the case of a woman constable, Lalita Salve, who sought permission to undergo a
sex change and continue in service as a male constable, be considered positively and treated as an 'special case'.
Salve, 29, who hails from Beed, joined the force as a female constable in June 2010. She sought permission for a month's leave to undergo sex reassignment surgery in September 2017. The request was rejected by her superiors in November, following which she approached
Bombay High Court. In her plea, she said doctors who examined her found that she suffers from gender dysphoria, a condition in which emotional and psychological identity are at odds with one's biological sex.
Chief minister
Devendra Fadnavis had directed the home department to consider her case favourably. In his report, the director general of police had put the onus on the government to take a decision.
The home department had then sought a legal opinion. A senior official said the law department has indicated that as an employee, she should not be deprived of her rights. "Salve has been facing biological changes within her body, which is a natural phenomena. She is not doing so deliberately. Going by this reasoning, her case must be taken positively and treated as an exceptional one," said an official.
The government's legal view on the issue comes as a shot in the arm for the LGBTQ community which has long campaigned for more inclusive policies.
A similar case was reported a year ago when, for the first time, a transgender was recruited in police service in Tamil Nadu following the
Madras High Court's intervention. K. Prithika Yashini (26) who completed her training as a sub-inspector of police in Tamil Nadu Police Academy, was born as a male. He later underwent sex change and applied for the post of sub-inspector as transgender. However, the state police rejected her application and she had to approach the Madras high court.
Representative Image
