The right of a human being to choose his\her sex identity is an integral part of their personality. The Rajasthan high court said this allowing a physical training instructor to get his name and gender changed in the service record after a sex reassignment surgery. The petitioner took birth as a female and was working as a physical instructor grade III under general female category. She was diagnosed with sex identity disorder at the age of 32. The urologist doctor in this regard has issued a certificate and the petitioner successfully changed his name in the official gazette and Adhar card. He challenged the delay on the part of the employer through writ jurisdiction since his name and gender has not changed in the service record despite submitting the application before 3 years. In the view of the transgender person act 2017 a person has the right to be recognized not only as a transgender but also a right to be self-perceived gender identity. The court observed that if his name in the service record is not corrected it will be difficult for both his wife and children to get service benefits. The petitioner was asked to resubmit the application before the district magistrate having jurisdiction. Such procedure will be completed by the district magistrate within 60 days and based on this certificate the petitioner had the liberty to approach the concerned authorities. The court also said that such exercise will be completed within one month.
It is a necessity to enjoy all human rights. The court said that everyone living in this planet has a right to be treated with dignity and self-respect. Male and female were only considered to be the biological sex in the past time but as time went by scientific studies showed that there are more genders than cisgender.
NAME: KRISHNAPRIYA, SEM;3RD SEM OF BBA.LLB, COLLEGE: GOVERNMENT LAW COLLEGE THRISSUR intern under legal vidhiya
https://www.livelaw.in/high-court/rajasthan-high-court/rajasthan-high-court-gender-reassignment-recognition-service-record-amendment-229635
https://www.livelaw.in/high-court/rajasthan-high-court/rajasthan-high-court-gender-reassignment-recognition-service-record-amendment-229635
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