Kerala High Court Directs Disbursal Of Balance Financial Aid To Transgender Person For Post Sex-Reassignment Surgery Treatments
The Kerala High Court recently directed for the disbursal of the balance amount out of the mandatory financial aid payable to a transgender person towards post sex reassignment surgery (SRS) treatments. [2026 LiveLaw (Ker) 572]Justice P.V. Kunhikrishnan allowed the plea preferred by a transgender person alleging that he was not disbursed with the financial aid stipulated for...
The Kerala High Court recently directed for the disbursal of the balance amount out of the mandatory financial aid payable to a transgender person towards post sex reassignment surgery (SRS) treatments. [2026 LiveLaw (Ker) 572]
Justice P.V. Kunhikrishnan allowed the plea preferred by a transgender person alleging that he was not disbursed with the financial aid stipulated for post-operative treatments.
The Government Pleader submitted that the authorities are taking steps to disburse the balance amount and that they are awaiting sanction. The Court then passed a direction to the Director of the Social Justice Directorate:
“this Writ Petition is disposed of, directing the 2nd respondent to disburse the eligible amount of Rs.21,000/-, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.”
According to the plea, the petitioner is from a financially poor background and he is currently unemployed. He was initially disbursed with Rs. 62,563/- as financial assistance towards his SRS.
After his transition, he applied for financial aid for post-operative treatment. The petitioner referred to a government order dated 14.11.2018, which mandates that transgender persons having undergone SRS would be entitled to Rs. 3000/- per month towards post operative care and treatment for a period of 12 months, totalling Rs. 36,000/-.
After consideration of his application, he was disbursed with Rs. 15,000/- as financial aid for 5 months. However, the remaining Rs. 21,000/-, i.e., the financial aid for 7 months was not disbursed to him despite repeated follow-ups on his part. Aggrieved, he has come before the High Court.
The petitioner states that the inaction on the part of the State was violative of Articles 14 and 21 of the Constitution of India. He relied on Apex Court's decision in Jane Kaushik v. Union of India to canvass the point that omissive discrimination and failure to provide reasonable accommodation is violates fundamental rights.
The petitioner had prayed for disbursal of the balance amounts that he is entitled to receive as financial aid. As an interim prayer, he had prayed for consideration of a representation preferred before the Director of Social Justice Directorate.
Counsel for the petitioner: P.V. Uttara, Sarath K.P.
Counsel for the respondents: Laya Mary Joseph – Government Pleader