The Kerala High Court has directed the state's Directorate of Social Justice to disburse the balance amount of Rs 21,000 in financial aid to a transgender person for post-operative treatment following sex reassignment surgery, within a period of two months. The order was passed by Justice P.V. Kunhikrishnan on October 8, 2026, while disposing of a writ petition filed by Srihaan V Chandran, a 27-year-old transgender man from Thiruvananthapuram.

The petitioner, who is currently unemployed and comes from a financially poor background, had undergone Sex Reassignment Surgery (SRS) and received an initial financial assistance of Rs 62,563 towards the procedure under a state scheme. Subsequently, he applied for the mandatory post-operative care and treatment aid stipulated in a government order dated November 14, 2018. That order entitles transgender persons who have undergone SRS to Rs 3,000 per month towards post-operative care for a period of 12 months, totalling Rs 36,000.

According to the petitioner, after consideration of his application, he was disbursed Rs 15,000 covering the first five months. However, the remaining Rs 21,000 for the subsequent seven months was not paid despite multiple follow-ups and representations. Aggrieved by the inaction, he approached the High Court seeking a declaration of his entitlement and a writ of mandamus directing the state to disburse the unpaid amount with interest.

Government Admits Steps, Court Sets Deadline

When the matter came up for admission, the government pleader appearing for the respondents submitted that the authorities were taking steps to process the disbursal and were awaiting sanction from the concerned authority. Taking note of this submission, Justice Kunhikrishnan observed that if steps are being taken, a direction could be issued to ensure timely disbursal.

The court then disposed of the writ petition with a specific direction to the second respondent — the Director of the Directorate of Social Justice — to disburse the eligible amount of Rs 21,000. The judgment read:

“this Writ Petition is disposed of, directing the 2nd respondent to disburse the eligible amount of Rs.21,000/-, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.”

The order thus establishes a clear timeline for the state to honour its financial commitment under the transgender welfare scheme.

Background of the Scheme

The government order dated November 14, 2018, forms the basis of the petitioner's claim. It mandates financial support of Rs 3,000 per month for 12 months to transgender individuals who have undergone sex reassignment surgery, intended to cover post-operative care and treatment. The scheme is part of the state's broader social justice initiatives aimed at supporting the transgender community.

The petitioner argued that the delay in disbursing the remaining amount amounted to omissive discrimination, violating his fundamental rights under Articles 14 (equality before law) and 21 (right to life and personal liberty) of the Constitution of India. He relied on the Supreme Court's decision in Jane Kaushik v. Union of India to submit that the failure to provide reasonable accommodation and the state's inaction constituted a violation of these constitutional guarantees.

Significance of the Order

The High Court's direction reinforces the state's obligation to implement welfare schemes for the transgender community without unnecessary delay. By imposing a two-month deadline, the court has ensured that the petitioner receives the financial support needed for his continued post-operative care, which includes medical follow-ups and other treatments.

The order also sends a message that bureaucratic hurdles such as pending sanctions cannot be allowed to indefinitely stall the disbursal of benefits that transgender persons are legally entitled to. The petitioner, who had already received five months' aid, was left without support for the remaining period, highlighting a pattern of partial fulfilment that the court has now sought to remedy.

Procedural History and Representation

The case, registered as WP(C) No. 31694 of 2026, was heard on the day of admission. The court did not delve into extensive legal arguments but proceeded on the basis of the government's own admission that steps were being taken. The direction was issued without requiring a formal counter-affidavit from the respondents.

The petitioner was represented by advocates Smt. P.V. Uttara and Shri Sarath K.P. The respondents — the State of Kerala, the Directorate of Social Justice, the Kerala State Transgender Board, and the Transgender Cell — were represented by Government Pleader Smt. Laya Mary Joseph.

Conclusion

With the High Court's order, the Directorate of Social Justice is now bound to release the Rs 21,000 within two months from receiving a certified copy of the judgment. The court has not imposed any interest on the delayed payment, but the primary relief sought — the disbursal of the balance aid — has been granted. The petitioner is expected to receive the amount shortly, bringing much-needed relief for his ongoing post-operative needs.

The judgment underscores the judiciary's role in ensuring that welfare policies framed for marginalised communities are not merely paper promises but are implemented in practice, with accountability and time-bound action from the executive.