What is the constitutionally recognised right of an individual in India to change gender
The Allahabad High Court affirms the constitutionally recognised right of an individual to change gender.
- Gender Identity: The court recognizes gender identity as an essential aspect of an individual's personality. It upholds the right to choose and express one's gender, in line with the right to personal autonomy and dignity.
- Privacy and Equality: The right to change gender is protected under the right to privacy, as outlined by the Indian Constitution. It promotes individual autonomy and protects individuals from discrimination based on their gender identity.
- Transgender Rights: The court acknowledges the rights of transgender persons, such as the right to self-identify their gender and the right to be recognized as a third gender, ensuring their inclusion and protection in society.
- Legal Recognition: The right to change gender includes the legal recognition of an individual's chosen gender through official documents like identity cards, passports, and educational certificates.
- Medical Intervention: The court emphasizes that medical intervention or surgery should not be a mandatory requirement for individuals to change their gender. Recognition should be based on self-identification without imposing unnecessary medical procedures.
- Non-Discrimination: The constitutionally recognized right to change gender provides protection against discrimination, ensuring equal opportunities and freedoms for transgender individuals in various aspects of life, including employment, education, and healthcare.
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