Approach MAT for sex change leave: HC
The Bombay High Court on Monday refused to entertain the plea moved by the female police constable, who has approached the court seeking permission to undergo a sex realignment surgery. The HC asked the constable to approach the Maharashtra Administrative Tribunal (MAT) and seek relief.
A division bench of Justice Satyaranjan Dharmadhikari and Justice Bharati Dangre was moved by Lalita Kumari Salve (28) seeking an urgent hearing. Her advocate Ejaz Naqvi, mentioned the plea before the bench and apprised the judges about the facts of the case.
Having heard the contentions, Justice Dharmadhikari said, “Since the matter pertains to government service, we are of the view that the petitioner (Lalita) must first approach the Maharashtra Administrative Tribunal (MAT). This would be the appropriate forum for this case. First exhaust this remedy and then if need be, you are at liberty to move the HC again.”
Lalita who now styles herself as Lalit Kumar Salve and is fighting a battle to embrace a new identity was taken in as a woman constable in the police force in May 2010. As of now, she is posted at the Majalgaon City police station in Beed district.
According to her petition filed through advocate Naqvi, she noticed changes in her body, some three years ago. She was then curious to ascertain the exact cause of these changes and accordingly underwent medical tests. The medical reports revealed the presence of 'Y' chromosomes in her body, which is usually
Lalita had moved a plea before the police authorities seeking onemonth medical leave. However, her plea was junked by her seniors Aggrieved by the approach of the higher officials in the police force, Lalita moved the HC, last week
found more in males. She then consulted doctors, who in turn suggested her to change her gender by this surgery, provided if she really wills to do so.
Subsequently, Lalita had moved a plea before the police authorities seeking onemonth medical leave. However, her plea was junked by her seniors Aggrieved by the approach of the higher officials in the police force, Lalita moved the HC, last week.