Observing that the Maharashtra Administrative Tribunal can look into the issue raised of right to live with dignity, enshrined under Article 21 of the Constitution, the Bombay High Court on Thursday dismissed a petition filed by a woman police constable, Lalita Salve, seeking one month’s leave for undergoing Sex Reassignment Surgery (SRS).A division bench of Justice SC Dharmadhikari and Justice Bharati Dangre said, “We have never seen the tribunal brushing aside the challenges made to the service rules. We have no doubt that the tribunal will cover the matter and give sympathetic hearing. If the petitioner is not satisfied, it can come to the high court, until then we cannot bypass the alternate remedy available.”Salve had challenged the communication of the higher authorities rejecting her plea for leave to undergo the surgery as it is not mandated in the rules governing the police force. The relief sought by Salve is based on a medical examination and thus wants to undergo the surgery to live a dignified life.
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Bombay High Court dismisses woman’s leave plea for SRS