Kerala HC permits two transgender persons to continue hormone replacement therapy amid challenge to new law

Both petitioners stated that after the amendment was notified, the private hospitals where they were receiving hormone replacement therapy stopped treating them. In the last hearing, the Court had asked Additional Solicitor General of India P Sreekumar to get instructions on whether hormone replacement therapy and other gender affirming medical care had been halted due to the enactment of the amendment. Today, the ASG said that the grievance regarding medical urgencies will not arise. Senior Advocate Arundhati Katju, appearing for the petitioners, submitted that both the NALSA judgment and the previous statute recognised right to self-identification perceived gender identity.

"While the legal issue may remain pending, there is an immediate medical issue that requires the attention of this court," Katju said. Katju further submitted that there is a requirement for medical institutions to report on medical interventions for gender transitions. "This has a chilling effect," the senior counsel added. The Court remarked that the law may be targeted only against "self-perceived identity".

"Perhaps what the statute is saying is that it cant be exclusively self perceived identity but something more such as medical procedures might be necessary," the judge said. ASG Sreekumar submitted that the amendment only excludes the self declaration. "That is a different category. There the doctors are also of the view that it is their own mental state.

It is not based on hormone treatment. The amendment also includes hormone treatment," he said. Katju said that the Central government should then make a statement that therapy will not be stopped for those persons who are already undergoing it. "That would be most helpful," Katju said.

However, the Court said the statute was not being stayed and proceeded to grant interim relief to the petitioners. "I will pass the same order on both petitions. Ill post it in the second week of June," the judge said.