Individuals have the right to retain their recognized sexual/gender identity, and in the absence of a special law, they have the liberty to choose their sexual/gender identity.

1. Yes. It is yet another case, where a human being born as a female, brought up as a female, educated as a female, recognised as a female and appointed as a female Constable was at last misbranded as a transsexual on the ground that subsequent medical examination revealed that she is not a woman, but she has X-Y Chromosome. Of course, the exit of the petitioner was not directly on the said ground, but on the ground that the petitioner allegedly submitted a resignation letter, which was accepted by the Superintendent of Police, Thanjavur. Aggrieved over the above action, the unfortunate young girl is before this Court with this writ petition.

2. The facts of the case would be as follows:

(a) The petitioner was born on 15.10.1989 at Government Hospital, Thiruvidaimaruthur, Thanjavur District. From her physical characteristics, the Doctors assigned sexual identity to the petitioner as a female in all the medical records. Based on the said medical records, the Registering authority under the Registration of Births and Deaths Act, 1969, registered her birth as a female child in the Register of births, on 18.10.1989 itself (vide the Birth Certificate at page No.23 of the typed set of papers). She was named as ‘Nagalakshmi’ i.e. as a female child. She was admittedly brought up as a female child. She was also recognised as a female child by the society as well as by the Governmental organisations. In the family card issued to the family members of the petitioner, the petitioner was recognised as a female child. She had her early education as a female child and her higher secondary course in T.A. Higher Secondary School, at Thiruvidaimaruthur, as a girl. She passed out the higher secondary examination with 761 marks. During her student days, the petitioner participated in a number of sport meets and events, in which she won number of medals. The petitioner, on few occasions, had even represented the State of Tamil Nadu in Long Jump events and also 100 mts. Dash. Along with the typed set of papers, she has produced as many as 30 certificates showing her participation and winning in the sports meets. It is crystal clear that all along she was treated as well as recognised as a female by the family members, by the society and by the Governmental Organisations with no dispute or doubt regarding her gender identity.

(b) While so, the second respondent/Uniformed Services Recruitment Board conducted selection process for appointing Women Police Constables in the Tamil Nadu Police Subordinate Services. The petitioner participated in the same. The second respondent selected the petitioner and allotted her to the Thanjavur District. Based on the said selection, the 6th respondent/Superintendent of Police, Thanjavur, by his proceedings in Na.Ka.No.A2/11666/2012, dated 16.02.2013, issued appointment order, appointing her as a ‘Woman Police Constable’. She was also deputed for training commencing from 17.2.2013 at the Police Recruit School at Villupuram in Villupuram District. The petitioner accordingly reported for duty and joined the training at the Police Recruit School, Villupuram. Before she was so deputed for training, the Superintendent of Police, Thanjavur, following the procedure, sent the petitioner for medical examination. The Medical Board consisting of six Doctors, drawn from various Specialities, conducted medical examination at Thanjavur Medical College Hospital and issued a certificate on 23.02.2013, thereby certifying that the petitioner was fit to be appointed as a ‘Woman Police Constable’. It was only after having been satisfied with the said certificate issued by the Medical Board, the Superintendent of Police deputed her for training.

(c) While undergoing training at the Police Recruit School, Villupuram, she was unfortunately sent for routine medical check up, including gender test. A Doctor attached to the Government Medical College and Hospital, Villupuram, after examining her, issued a certificate that the petitioner is a