Allahabad High Court Seeks State’s Position on Gender Determination Rules for Transgender Individuals
Last Updated on September 4, 2024 by Athi Venkatesh
The Allahabad High Court has asked the State to clarify if it plans to introduce legislation or rules for determining gender after gender affirmation or sex reassignment surgery. This inquiry came during the hearing of a petition filed by Vedant Maurya, a transman who underwent female-to-male (FTM) mastectomy surgery. Maurya sought to update his name, gender, and other details in his school records following the surgery.
The Court, earlier in the case, directed authorities to promptly address Maurya’s request to amend his school records. However, the Court also questioned whether existing rules govern such matters. Justice Alok Mathur raised similar questions on August 31, highlighting the need for clear guidelines.
The Court emphasized that determining gender—whether through the presence of XX or XY chromosomes or specific organs—requires legislative action. The Court stressed that it can only direct compliance with existing laws and questioned its authority to determine an individual’s gender without specific legislation or rules.
The Court has now directed the State to confirm whether it plans to introduce a law addressing this issue. The State counsel did not oppose Maurya’s request for a records update. On August 5, the Court ordered the State Board in Prayagraj to consider and decide on Maurya’s application within four weeks. The next hearing is scheduled for September 18.
Advocates Anurag Narain Srivastava, Pawan Kumar Verma, and Vartika Pandey represented the petitioner.
