Transgender person moves Kerala High Court after private hospital denies request to preserve his eggs

A transgender person has moved the Kerala High Court after a private hospital denied him the right to freeze and store his eggs citing his gender identity [Hari Devageeth v Union of India & ors]

The petitioner, Hari Devageeth, a 28-year-old transgender person, was assigned female gender at birth but currently identifies himself as a male.

He underwent breast removal surgery though he is yet to complete sex reassignment surgery.

In his petition, he stated that preserving his eggs before the next stage of his transition was crucial for securing his reproductive choices in the future.

He had, therefore, approached KIMS hospital in Thiruvananthapuram for the same.

However, despite a medical report confirming no abnormalities, the hospital allegedly refused to provide him service solely on the basis of his gender identity.

The petitioner submitted that transgender men are biologically capable of conception and that denying access to egg cryopreservation effectively strips them of reproductive autonomy.

“The denial of cryopreserve services to the petitioner results in the denial of choice to reproduction of the petitioner and thereby violates his right to reproduction guaranteed under Article 21 of the Constitution of India,” the plea stated.

He emphasised that this amounted to an infringement of his fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty, including reproductive rights.

The petitioner stated that there is no legal prohibition against fertilisation procedures for transgender individuals.

Further, restricting access to such medical procedures constituted a violation of his right to healthcare under Article 21 and was contrary to the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

The petitioner also highlighted the Transgender Persons (Protection of Rights) Rules, 2020, which explicitly prohibit discrimination in medical services based on gender identity.

He also referred to the 2015 Transgender Policy of Kerala which calls for non-discriminatory access to healthcare for transgender individuals.

Taking note of the petition, the Court issued notices to the private hospital, the State Government, the Director of the Social Justice Department, the Union Government, and the National Assisted Reproductive Technology (ART) and Surrogacy Board.

Courtesy: Bar Nnd Bench

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