A transwoman has taken her fight to the Kerala High Court, contesting the refusal of medical treatment in jail necessary for her gender affirmation surgery. She contends that this denial has led to gender dysphoria and mental anguish.
Justice Johnson John directed the registry to assign a number to the petition while the public prosecutor sought time to obtain instructions on behalf of the State Government Law Secretary, Director General of Prisons and Correctional Services and Prison Welfare Officer.
Interim Relief
Acknowledging the urgency of the matter concerning the petitioner’s treatment while in custody, the court ordered the petition to be numbered. The public prosecutor assured that directions would be given to the jail superintendent to provide necessary medical aid to the petitioner.
The petitioner, a sex worker, faces charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly possessing contraband substances. She maintains that the contraband was found on a customer unbeknownst to her. Her bail application was rejected on April 5, 2024.
Medical Denial
The petitioner, a transwoman, had been undergoing synthetic hormone therapy for three years in preparation for gender affirmation surgery. However, she alleges denial of medical treatment by the police authorities since her arrest.
Citing the case of Budhadev Karmaskar v State of West Bengal (2022), the petitioner highlights the lack of policy implementation by the state government for the rehabilitation and welfare of sex workers, despite directives from the Apex Court.
Constitutional Violation
The petitioner asserts that the denial of medical treatment violates fundamental rights under Articles 14 (2), 19 (1)(g), and 21 of the Constitution of India. She demands immediate medical aid in jail and seeks compensation of ten lakh rupees for the delayed gender affirmation surgery due to denial of medical treatment.
Relief Sought
In addition to immediate medical aid and compensation, the petitioner requests the court to direct the State Government to implement rehabilitation policies for sex workers to ensure their right to live with dignity.
Advocates Padma Lakshmi, Athira CK, and Radhika Krishna represent the petitioner.
Case Details
Case Title: Ahana v State of Kerala
Case Number: WP (Crl.) 519/2024 (filing number).