<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Bombay High Court refused on Monday to grant any immediate relief to a woman police constable seeking directions to the police department to grant her leave of one month to undergo a sexual reassignment surgery.A division bench of Justices SC Dharmadhikari and Bharati Dangre asked petitioner Lalita Salve, who calls herself Lalit, to approach the Maharashtra Administrative Tribunal (MAT) for relief. However, advocate Ejaz Naqvi argued that the plea was not related to service rules of policemen, but dealt with a larger issue of right to live life with dignity and, therefore, needed the court’s consideration.The court then posted the matter for further hearing on November 30.Salve approached the High Court after her leave application was denied by police authorities. According to Salve’s petition, the relief sought is based on medical examination in which ‘Y’ chromosomes were found, and thus, she wants to undergo the surgery to live a dignified life.The plea further claims that the government should bear the expenses for conducting the sex-change surgery and allow her to continue the job as a male constable. Lalita, who now calls herself Lalit, stated in the plea, “Sex reassigning as per her emotional inclination towards straight male is her natural right and in the heart of the fundamental right of the Constitution to live with dignity instead of being a transgender.”The petition also wants the court to quash and set aside a communication dated November 20 issued by the Inspector General (Aurangabad range), denying her a month’s leave to undergo the reassignment surgery. Salve also claims that the state government has not promulgated adequate policy about rescuing such distressed citizens with gender identity trauma. Sexual preferences are part and parcel of rights to privacy of an individual, which falls under the fundamental right to life and liberty as per Article 21 of the Constitution of India, the petition states.Salve joined the Maharashtra Police force in May 2010 as a constable and has been posted at Beed since then. In 2014, she underwent a medical test and claims that male genes were found. In 2016, she took a test at JJ Hospital which suggested that she have a sex change, Salve’s petition states.
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