Jaipur, May 29: The Rajasthan High Court acknowledged that a human being's right to choose their own sex or gender identity is integral to their personality and one of the most basic aspects of self-determination, dignity and freedom. The high court also observed that there are more genders than just cisgender. A single bench of Justice Anoop Kumar Dhand stated that every person has the right to enjoy all human rights fully.

During the court proceedings, a petition was presented by an individual who had originally been assigned the female gender at birth. The petitioner had undergone gender reassignment surgery (GRS) after being diagnosed with Gender Identity Disorder (GID). As a result of the surgery, the petitioner successfully transitioned to male and subsequently entered into a marriage with a woman. Allahabad High Court on Wife Refusing To Have Sex, 'Denying Sexual Intercourse to Spouse for a Long Time Amounts to Mental Cruelty'.

The petitioner contended that unless his name and gender were updated in his service records, it would pose significant challenges for him and his family to access the employment-related benefits they are entitled to. The petitioner had legally changed their name and gender to align with their male identity. Same-Sex Marriage: Whether Anyone Has a Fundamental Right to Marry? Supreme Court Queries While Hearing Pleas Seeking Recognition for Gay Marriages.

Referring the Transgender Persons (Protection of Rights) Act of 2019, which was enacted to ensure equality and respect for transgender people, the high court observed that the provisions allow individuals who have undergone gender reassignment surgery before its enactment to apply to the district magistrate (DM) for a certificate indicating the change in gender.

"Gender identity is the most fundamental aspect of life, which refers to a person's intrinsic value of being a Male or Female. Everyone is entitled to enjoy all human rights, which are a basic necessity to survive, without discrimination on the basis of sexual orientation or gender identity," the court said. In an order passed on May 25, the court instructed the authorities to consider modifying the service record of a person who was assigned the female gender at birth.

(The above story first appeared on LatestLY on May 29, 2023 06:13 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).