The Allahabad High Court has expressed displeasure over not taking any action by the State Government in making rules for Sex Reassignment Surgery (SRS) and asking for three months’ time for it.
A Single Bench of Justice Ajit Kumar heard the petition filed by Woman Constable of UP Police.
The Court passed a detailed order on 18.08.2023 that contained two directions: one for the disposal of the pending application of the petitioner for Sex Reassignment Surgery (SRS); and second as to what strand State has taken for framing rules in the light of the Act passed by the Central Government and the decision of Supreme Court in the case of National Legal Services Authority v Union of India & Ors, (2014) 5 SCC 438.
Counsel for the petitioner has informed that on 08.09.2023 petitioner was required by the concerned competent respondent to file necessary documents and her medical papers, however, till date no decision has been taken.
In the circumstances, the Court directed that by the next date a fixed appropriate decision shall be taken upon the pending application of the petitioner by the competent authority.
The Court further records its dissatisfaction over the affairs at the level of State Government for non compliance of the Supreme Court judgment that was delivered on 15th April 2014, whereas, the Central Government has acted immediately upon the same by framing Act but the State has remained a passive spectator and has not taken any decision, it appears, till date. The manner in which the period of three months has been requested for seeking further time shows that the State is again adopting a very casual approach. No reason has been assigned as to why the State wants three months’ time to file an affidavit as was required by the Court on 18.08.2023, the Court said.
“Let the matter be placed again on 18.10.2023 on the top of the board. On that date the decision taken by the competent authority in the matter of the petitioner shall be placed before the Court on an affidavit. The Court will also be apprised further as to what the State Government has done for framing rules in the light of direction of the Supreme Court in the case of National Legal Services Authority (supra)”, the order reads.