A transwoman has taken her case to the Kerala High Court, contesting the refusal of medical care in prison necessary for her gender affirmation surgery. The argument presented asserts that the denial of medical assistance in jail has led to the petitioner experiencing gender dysphoria and enduring significant mental distress.

Justice Johnson John instructed the registry to assign a number to the petition, while the public prosecutor requested time to obtain instructions on behalf of the State Government, Law Secretary, Director General of Prisons and Correctional Services, and Prison Welfare Officer.

The Court observed in the interim order thus, “Considering the fact that the matter relates to the treatment of the petitioner who is in custody, and the submission of the learned counsel of the petitioner that the petitioner will file the required affidavit within one week, the registry is directed to number the petition.

The petitioner, who is also a sex worker, faced accusations under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for purportedly possessing illegal substances. She stated in her plea that the contraband was seized from a customer who visited her, and she was unaware of his possession. Despite this, her bail application was declined on April 5, 2024.

The petitioner, a transwoman, had been undergoing synthetic hormone therapy for three years in preparation for gender affirmation surgery. She contends that since the day of her arrest, she has been denied medical treatment by the police authorities.

The petitioner cited the decision in Budhadev Karmaskar v State of West Bengal (2022) to argue that despite directives from the Supreme Court, the state government has failed to formulate policies for the rehabilitation and welfare of sex workers.

It is asserted that it falls upon the State Government to furnish healthcare facilities to prisoners. Furthermore, it is emphasized that the State Government holds the responsibility to provide healthcare services for transgender individuals in accordance with Section 15 of the Transgender Persons (Protection of Rights) Act, 2019.

The denial of medical treatment to the petitioner is argued to be a violation of both human rights and fundamental rights enshrined in Articles 14(2), 19(1)(g), and 21 of the Constitution of India.

Therefore, the petitioner requests immediate medical assistance to be provided within the jail premises. Additionally, the petitioner seeks compensation of ten lakh rupees from the State Government for the denial of medical treatment in prison, which has resulted in a delay in gender affirmation surgery. Furthermore, the petitioner appeals for a directive to the State Government to implement rehabilitation policies for the welfare of sex workers, in line with the Budhadev Karmaskar v State of West Bengal (supra) case, ensuring their right to live with dignity.

Case Title: Ahana v State of Kerala

Case Number: WP (Crl) 519/2024 (filing number)