A transgender woman in Kerala has moved the High Court seeking a compensation of Rs 10 lakh from the state government for denying gender affirmation treatment in prison. She said that the denial of treatment within the jail caused a delay in her gender affirmation surgery, in addition to intensifying gender dysphoria and mental trauma. The trans woman, who is a sex worker, was arrested by the police in November 2023, along with her customer in a narcotics case.
Justice Johnson John has directed the registry to number the petition and directed the public prosecutor to get instructions on behalf of the government.
The public prosecutor told the court that necessary directions will be given to the superintendent of the jail she is lodged in.
Regarding the narcotics case against her, the writ petition said that she was not aware of the presence of the drugs, which were in the possession of her customer.
She submitted at the court that her gender affirmation procedures started three years ago, and that since her arrest, the police denied treatment to her, including providing her hormone medicines. Stating that this has caused a high degree of gender dysphoria and has caused her to exhibit suicidal tendency, the trans woman sought the court’s interference. She contended that according to section 15 (healthcare facilities) of the Transgender Persons (Protection of Rights) Act, 2019, medical care for trans persons is the responsibility of the State.
The petitioner also contended that the denial of medical treatment violates human rights, as well as fundamental rights under Articles 14 (equality before law), 19 (1)(g) (right to practise any profession, or to carry on any occupation, trade or business), and 21 (protection of life and personal liberty) of the Constitution of India, and sought the court to direct the Kerala government to provide her a compensation of Rs 10 lakh for denying treatment, which intensified her gender dysphoria and mental trauma. She further sought the court to pass an order directing the government to formulate a sex workers' policy with immediate effect.
The petitioner also asked for immediate medical aid with a specialised endocrinologist and queer affirmative physiatrist, and demanded action against jail authorities and the jail medical officer who denied her treatment.
