In a groundbreaking move, M Anukathir Surya, an Indian Revenue Service (IRS) officer from Hyderabad, recently made history. The Centre approved Surya’s request for a gender change from female to male and name change (from M Anusuya to M Anukathir Surya) in official records, making him the first civil servant in India to have such changes officially recognized.
This event highlights the evolving understanding and acceptance of gender identity and reassignment in India. In this article, we will explore gender identity, gender dysphoria, and the processes and implications of gender reassignment, along with relevant Indian precedents and legal frameworks.
Understanding Gender Identity
Gender identity refers to a person’s deeply felt internal experience of gender, which may be different from the physical sex assigned at birth. It encompasses a broad spectrum of identities, including male, female, transgender, non-binary, and genderqueer. This intrinsic sense of self is fundamental to an individual’s identity.
Physical Sex vs. Gender Identity
The physical sex of a person is typically determined by one's external genitalia, chromosomes, and reproductive organs, and is determined at birth. On the other hand, gender refers to one's innate sense of being male, female, a combination of both, or neither. Generally, an individual's physical sex and gender identity are aligned.
However, some individuals experience a significant and persistent incongruence between their physical sex and gender identity, leading them to seek changes to their primary and/or secondary sexual characteristics. This need to express their true gender identity and gain societal acceptance can cause significant distress, historically classified as 'gender identity disorder' or gender dysphoria.
Gender Dysphoria
Gender dysphoria is a condition where a person experiences significant distress due to a mismatch between their gender identity and the sex assigned at birth. The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5) includes specific criteria for diagnosing gender dysphoria, emphasizing the importance of the psychological and emotional distress caused by this incongruence.
Indian Context and Legal Precedents
India has made significant strides in recognizing and supporting transgender individuals through legal reforms and judicial decisions. Some key milestones include:
The NALSA Judgment (2014)
The Supreme Court of India, in the National Legal Services Authority (NALSA) vs. Union of India case, recognized transgender individuals as a third gender and affirmed their fundamental rights under the Constitution. The judgment directed the government to ensure equal treatment, protect transgender individuals from discrimination, and provide reservations in education and employment.
The Court interpreted ‘dignity’ under Article 21 of the Constitution to include diversity in self-expression, which allowed a person to lead a dignified life. It placed one’s gender identity within the framework of the fundamental right to dignity under Article 21. Additionally, the right to equality (Article 14 of the Constitution) and freedom of expression (Article 19(1)(a)) were framed in gender-neutral terms, extending these rights to transgender persons.
The judgment also highlighted that transgender persons faced extreme discrimination in all spheres of society, violating their right to equality. It included the right to express one’s gender “through dress, words, action, or behaviour” under the ambit of freedom of expression. Under Articles 15 and 16, discrimination on the grounds of “sex” is explicitly prohibited, which the Court interpreted to include “gender” based on self-perception. Thus, discrimination on the grounds of “sex” includes discrimination based on gender identity. The Court also referred to core international human rights treaties and the Yogyakarta Principles to recognise transgender persons’ human rights.
| The Yogyakarta Principles are a set of international human rights principles relating to sexual orientation and gender identity. They were drafted and adopted in 2006 by a group of human rights experts in Yogyakarta, Indonesia. These principles are intended to apply existing international human rights law standards to address the discrimination and human rights violations faced by individuals based on their sexual orientation and gender identity. |
Fundamental Rights Under the Indian Constitution
Article 14 (Right to Equality): This article ensures equality before the law and equal protection of the laws within the territory of India. The Supreme Court has extended this right to include protection against discrimination based on gender identity.
Article 15 (Prohibition of Discrimination): This article prohibits discrimination on various grounds including sex. The Supreme Court has interpreted "sex" to include gender identity, thus prohibiting discrimination against transgender individuals.
Article 16 (Equality of Opportunity in Public Employment): This article guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. The Supreme Court has extended this to ensure that transgender persons are not discriminated against in public employment.
Article 19(1)(a) (Freedom of Speech and Expression): This article guarantees the freedom of speech and expression. The Supreme Court has included the right to express one’s gender identity through dress, words, action, or behaviour under this freedom.
Article 21 (Right to Life and Personal Liberty): This article guarantees the protection of life and personal liberty. The Supreme Court has interpreted this to include the right to live with dignity, which encompasses the right to choose and express one's gender identity.
Transgender Persons (Protection of Rights) Act, 2019
This act aims to protect the rights of transgender individuals and provides a framework for their legal recognition and welfare. It prohibits discrimination against transgender persons in education, employment, healthcare, and access to public services. The act also mandates the establishment of a National Council for Transgender Persons to advise and monitor the implementation of policies for the welfare of the transgender community.
Medical and Psychological Support in India
India has developed a growing network of healthcare providers offering specialized services for transgender individuals. These services include hormone therapy, surgeries, and psychological support. Major cities like Mumbai, Delhi, Chennai, and Kolkata have clinics and hospitals that cater to the needs of transgender individuals. Moreover, several NGOs and support groups provide resources, counselling, and community support to help individuals through their transition.
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