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Samayeta Bal   21 August 2021

Lgbtq+ rights

Is compulsory medical examination for ascertainment of gender identity in violation of right to privacy and right to self determination of gender identity?


 2 Replies

Ananya Gosain   25 August 2021

Hello.

To answer your query I would begin with the NALSA Judgement where the Supreme Court emphasized that self-identification of gender identity should be without the requirement of any kind of medical intervention. It was held that no one shall be forced to undergo medical procedures, including sterilization, hormonal therapy, as a requirement for legal recognition of their gender identity

The right to bodily integrity as an aspect of the fundamental right to life includes the freedom to make decisions about one’s body.  and this includes refusing medical treatment or intervention of any kind. The right to privacy, dignity, and bodily integrity is an elaboration of the right to life under Article 21 of the Constitution and has been elaborated to include the right to refuse participation in any medical treatment or method

CASES 

  • In Puttaswamy v. Union of India, the Supreme Court affirmed in the context of gender identity,  that the privacy of the body entitles an individual to the integrity of the physical aspects of personhood. The intersection between one’s mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of self-determination which is crucial to gender identity. 
  • In Selvi v. the State of Karnataka, the Supreme Court had to decide whether compelling a person to undergo a narco-analysis test with or without consent would amount to a violation of one’s right to privacy and bodily integrity. The Court held that subjecting a person to it in an involuntary manner violates the prescribed boundaries of privacy. forcing an individual to undergo any of the impugned techniques violates the standard of `substantive due process. It is `cruel, inhuman or degrading treatment with regard to the language of evolving international human rights norms and amount to an unwarranted intrusion into personal liberty. 

CONCLUSION

The medical model needs to be rejected because it fails to describe a vast portion of the trans community, and thereby precludes many gender-non-conforming individuals from getting access to legal rights.  It is also faulty because many trans people have no desire to undergo hormone therapy or surgery.

Hope this helps 

Regards 

minakshi bindhani   10 October 2021

As per your query concerned!

According to the Transgender Persons (Protection of Rights) Rules 2020, a trans person seeking gender change certification and identity card need to provide reports of medical interventions for gender affirmation, if they have undergone any such procedures. “The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the genuineness of the said medical certificate, which shall not include any physical examination,” the rules state.


In the NALSA vs Union of India( 2014 ) the Supreme Court says that there is no need for any medical examination for gender identification and that trans persons can self identify their gender.

Hope it clarifies the issues
Regards
Minakshi Bindhani

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