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Synopsis

The Delhi High Court, recently, ordered a comprehensive medical examination for a transgender woman suffering from gender dysphoria. The court noted that her parents were concerned for her safety, fearing she might inflict self-harm, and believed she had been misled.

The bench of Justice Suresh Kumar Kait and Justice Manoj Jain held, "After having interaction with all concerned and with Dr. Mahadev of IHBAS, we deem it appropriate if xxxx is examined at AIIMS by a team of doctors and to then advice accordingly, keeping in mind her sexual orientation". 

The father of the transgender woman filed a complaint that a boy had taken his 18-year-old child. Subsequently, the police arrived at the location and found the transgender woman with another boy, who claimed to be her friend. At the transgender woman's insistence to rule out any foul play, a medical examination of both the transgender woman and her friend was conducted.

Later, the transgender woman attacked her father, injuring his left eye, and attempted to ingest Harpic. The father then took her to Deep Chand Bandhu Hospital, where the doctor referred her to IBHAS Hospital for further mental treatment. The next day, her family admitted her to IBHAS for a day's treatment.

Advocate Amritanand Chakravorty, representing the victim, informed the court that she was transgender and harassed by her parents due to her sexual orientation. During the victim's interaction with the court, she expressed her desire to be addressed as a woman.

The court noted that the victim expressed distress about her "male body parts" and reiterated to the doctor that she identified herself as female. The doctor recorded symptoms of anger outbursts and anxiety, with an apprehension of impulsive self-harm. Her clinical status was tentatively diagnosed as "Gender Dysphoria" and "adjustment issues", and she was advised to undergo supportive therapy.

The court also interacted separately with her parents, who appeared to be aware of their child's sexual orientation. However, they expressed concerns about her safety, fearing she might harm herself, and believed she had been misguided.

The court observed that the transgender woman was not desirous of returning to her parent's residence and was not interested in any form of communication with them. She expressed her desire to be properly examined, evaluated, and counseled by a team of doctors from a renowned hospital and showed her willingness to undergo the necessary surgery.

Furthermore, the court deemed it appropriate for her to be examined at AIIMS by a team of doctors who would then provide further advice, considering her sexual orientation. The court concluded that she was at liberty to go wherever she wished since she was an adult and was not interested in returning to her parent's residence.

Accordingly, the court listed the matter for July 10, 2024.

Case Title: Jennifer Thomas v Government Of NCT Of Delhi & Ors