The Supreme Court has ruled that transgender and gender-diverse employees are not required to obtain employer permission to undergo gender affirmation surgery or related medical procedures. The apex court emphasised that the right to self-determination of gender is a matter of personal autonomy and dignity, placing such decisions firmly outside the employer-employee relationship except in very specific roles requiring a particular gender identity. The judgment clarifies that undergoing sex reassignment surgery or any gender-affirming procedure is a fundamental aspect of an individual’s right to life under Article 21 of the Constitution. The court stated that compelling an employee to obtain prior approval for deeply personal medical procedures would constitute a violation of their fundamental rights. This ruling effectively removes employers as gatekeepers in matters of healthcare and self-identification for transgender and gender-diverse individuals. ‘Future of Third Gender Is Secure With This Judgment’: Supreme Court Forms Panel; Issues Guidelines to Protect Transgender Rights.

SC Rules Transgender Employees Can Undergo Gender Affirmation Surgery Without Employer Permission

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