Seeking leave to undergo sex-change surgery, Beed constable moves High Court

When the matter was mentioned by her lawyer Sayed Ejaz Naqvi before a division bench headed by Chief Justice Manjula Chellur, the court asked for the matter to be placed before the appropriate bench. It is likely to be mentioned before a bench headed by Justice S M Kemkar. Looking a little pulled down after the court hearing, Salve said, “I will smile when I finally get the relief I am looking for.”

Coming to terms with her feelings was tough. “It all started when my parents started talking about my marriage two to three years back. I used to feel weird and uncomfortable when this topic was mentioned,” said Salve, adding she even approached a local doctor on the issue. “On medical diagnosis by the Metropolis Diagnosis Laboratory presence of male (Y chromosomes) genes was seen,” states her petition. Salve finally approached the J J Hospital in June 2016. “They told me hormone changes had taken place in my body and the surgery was necessary,” she said. Accom-panied by her maternal uncle Arjun Uzgare, Salve said her family had been supportive throughout. “Parents always know when something is going on even if you try to hide it,” she said.

According to her, this change was not brought about by love for somebody else but a feeling within her. “We all are supporting her. Her parents are also fine with it. No parent wants their girl to be unhappy. Her family and friends will all contribute towards her surgery. If they retain her in the police force then she can claim the expenses in her medical reimbursements,” said her uncle. She is seeking to be retained in the police force even as her request for continuing with her job post surgery has been rejected.

The petition filed by her states that she had sought a month’s medical leave to enable her to undergo the sexual reassignment surgery. “The SP Beed has informed Salve that she cannot conduct sexual reassignment surgery… They said communication relies on letter dated November 18, 2017 issued by IG Aurangabad… reliance is placed on rules under Maharashtra Constable Recruitment Rules 2006, which is violative of rights of the third gender with regard to life and opportunity for employment,” added the petition. She has sought in her petition that the DIG office incur all the expenses of the surgery.

The petition states that the sexual preferences of an individual is covered under the right to privacy, which is a fundamental right assured under right to life. “She started feeling attracted towards same female gender… In absence of due medical care from state or department, she/he continued to live under serious mental trauma and under social stigma,” states the petition.

She joined the police force as a constable in May 2010. Salve said her “physical abnormality is natural and mental orientation is clear”. “Her department and state government are not able to treat her abnormality, neither are they cooperating, hence she is taking the step to cure herself,” added the petition. “She/he has undergone psychiatric test at the Sir JJ Hospital for her/his mental status and sexual problems… the doctors have found she/he is suffering from gender dysphoria…and surgery is required. The doctors have opined that she/he is of sound mind for undergoing sex reassignment surgery,” said the petition.