Kerala Transgender Man Seeks HC's Help to Preserve Eggs
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Synopsis
A transgender man has petitioned the Kerala High Court after a Thiruvananthapuram hospital allegedly denied him the right to freeze his eggs based on his gender identity. The case raises important questions about reproductive rights and discrimination faced by transgender individuals.
Key Takeaways
- Transgender rights and reproductive autonomy in focus.
- Legal implications of denying medical services based on gender identity.
- High Court's intervention signifies a step towards equality.
- Transgender Persons (Protection of Rights) Rules cited for discrimination.
- Upcoming hearing on February 18 may set precedent.
Kochi, Feb 11 (NationPress) A 28-year-old transgender man has turned to the Kerala High Court after a prominent private hospital in Thiruvananthapuram allegedly refused him the opportunity to freeze and store his eggs, citing his gender identity.
Hari Devageeth, who was designated female at birth but now identifies as male, has undergone breast removal surgery but has yet to complete sex reassignment surgeries. In his petition, he emphasized that preserving his eggs prior to further transition is vital for maintaining his reproductive choices.
Despite a medical report indicating no issues, the hospital supposedly denied the procedure solely based on his gender identity. He sought this service at KIMS hospital in Thiruvananthapuram.
Devageeth asserted before the court that transgender men possess the biological capability for conception, and that denying them egg cryopreservation infringes upon their reproductive autonomy.
"The refusal to offer cryopreservation services denies the petitioner the right to make reproductive choices and violates his fundamental rights under Article 21 of the Constitution, which ensures the right to life and personal liberty, including reproductive rights," stated the plea.
He also pointed out that there is no legal restriction against fertilization procedures for transgender individuals, and that restricting access to such medical services is a form of discrimination based on gender identity.
The petitioner referred to the Transgender Persons (Protection of Rights) Rules, 2020, which expressly prohibit discrimination in medical services due to gender identity.
Additionally, he cited the 2015 Transgender Policy of Kerala, which advocates for equitable access to healthcare for transgender individuals.
The High Court, acknowledging the plea, has instructed notices to be dispatched to the private hospital, the state government, the Union government, and the National Assisted Reproductive Technology (ART) and Surrogacy Board.
The case is set for further hearing on February 18.
