1. What is ‘Sex’ and ‘Gender’? In the Indian context, “who is a ‘male’ and who is a ‘female’?” Is it a sin to be born as a ‘Transsexual’?” “Would it not be violative of Articles 14 , 15 , 16 , 19 and 21 of the Constitution of India to deny employment to a transsexual?” The petitioner herein identifies herself as a female. But, the police department has terminated her from service by labelling her as a “Transgender”.

2. Before proceeding further, let me caution myself that anything said in this order should not have, even remotely, a semblance of tendency to hurt the feelings and sentiments of the transsexuals. I make it clear that every observation made and every conclusion arrived at in this order is only for the limited purpose of deciding the issues involved in this writ petition. This is neither a research paper nor a thesis concerning all the issues of the transsexuals. This order is confined only to the legal status of the petitioner’s sex.

3. None, at the time of the birth of the petitioner as a female child, would have anticipated that after 24 years she would be discarded and humiliated by labelling her of a different sex. She was born on 26.08.1989 in a private Hospita