The court established that gender identity is integral to personal autonomy and dignity, protected under Article 21, affirming the right of individuals to live according to their self-identified gender.

Raja Vijayaraghavan, J. The petitioner, a close associate and friend of Ms. X (name withheld for privacy), who identifies as a transwoman, has preferred this petition seeking immediate intervention. He asserts that respondents 2, 3, and 4 are the father, mother, and sister respectively of Ms. X. The petitioner states that Ms. X has been subjected to familial violence when Ms. X came out and disclosed her gender identity.Ms. X reportedly sought assistance from Disha, an organization dedicated to safeguarding the rights of individuals like herself, and sought for intervention. When the petitioner became aware of the grievances faced by Ms. X, he is stated to have lodged Ext.P1 complaint with the police. 2.The petitioner asserts that Ms. X has been admitted to Amrita Hospital, Ernakulam, and she has been coerced into signing a consent form under duress. He states that Ms. X, seeking urgent intervention, submitted Ext.P2 complaint electronically to both the police and the Social Welfare Department. The petitioner's grievance centers around the alleged lack of action on these complaints. Furthermore, the petitioner asserts that Ms. X has been threatened with being labeled as mentally ill if she insists on discharge from the hospital. The petitioner asserts that sexual orientation and gender identity are integral to the personality of Ms. X and alleges that the respondents are attempting to portray her self-defined sexual orientation and gender identity as a sexualperversionandconsequentlyamentaldisorderwarranting psychiatric treatment.It is on these assertions that this writ petition is filed seeking the following relief:

i)Issue a writ of habeas corpus or any other appropriate writs, orders or directions commanding the respondents to produce the body of detenue, xxxx, who is held in illegal detention by the respondents 2 to 4 before this Hon’ble Court and set her at liberty.

3.By order dated 27.6.2024, we ordered the production of Ms.X before us.Her parents and sister have also appeared before us. We have interacted with the parties in private and in our chambers.

4.Ms. X stated before us that while assigned male sex at birth, she now identifies as a transwoman. She is 19 years of age, and thus an adult. She alleges that she was admitted to a hospital and coerced into signing a consent form for therapy aimed at altering her gender identity.

Furthermore, Ms.X contends that she was administered medication without her informed consent. She states that she is currently pursuing a B.A. in Animation & Graphic Designing at a college. Regarding her living arrangements, Ms.X has expressly communicated her intention to reside at Jyothis Bhavan, Thrikkakara, and has unequivocally stated her desire not to return to her family residence. She asserted that forcing her to change her gender identity violates her personal autonomy, right to self-determination, and freedom of choice.

5.The parents and sister have stated before us that they do not have any objection to Ms. X expressing herself in the manner she desires. They emphasized that their primary concern is for her safety and for her to be able to complete her education. Furthermore, they expressed no objection to financially supporting Ms. X to enable her to pursue her educational goals. They affirmed that the doors of their home shall always remain open to Ms. X, and she is welcome to join them at any time. They stated that it was when Ms. X displayed aggression towards family members, that they were forced to seek treatment for her.They also highlighted that Ms. X is suffering from gender dysphoria and assured that they would fund her chosen treatment if she decides so.

6.We have considered submissions advanced and have gone throughtherecords.Wehavealsoheardthesubmissionsof Smt. Dhanuja M.S, the learned counsel appearing for the petitioner and the learned Government Pleader.

7.We find that Ms.X is a 19-year-old individual. She has stated before us that she is experiencing hostility from