Click the Play button to listen to article

The Kerala High Court on Thursday (September 17) sought the State's response to a transgender person's plea alleging that he was not disbursed with the financial aid stipulated for post-operative treatment after undergoing Sex Reassignment Surgery (SRS).

When the matter came up today, Justice Bechu Kurian Thomas granted time to the government pleader to get instructions and posted the matter to October 8 (Thursday) for further consideration.

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.

"By denying the petitioner financial assistance for post operative treatment, the respondents deprived him of access to treatment and right to healthcare in a discriminatory, exclusionary fashion...The petitioner has also come to learn through other persons belonging to the transgender community that the respondents are systemically lackadaisical in utilisation of all kinds of funds released by the government for the benefit of transgender persons, and that on account of such non-utilisation, funds regularly lapse, with transgender persons being persistently deprived of the intended benefit," states the plea.

The petitioner thus prays for disbursal of the balance amounts that he is entitled to receive as financial aid. As an interim prayer, he prays for consideration of a representation preferred before the Director of Social Justice Directorate.

The petition is moved by Advocates P.V. Uttara and Sarath K.P.

Case No: WP(C) 31694/2026

Case Title: X v. State of Kerala and Ors.

Tags: