Kochi, Feb 11 A 28-year-old transgender man has approached the Kerala High Court after a leading private hospital in Thiruvananthapuram allegedly denied him the right to freeze and store his eggs, citing his gender identity.
Hari Devageeth, who was assigned female at birth but now identifies as male, has undergone breast removal surgery but has not yet completed sex reassignment procedures. In his petition, he argued that preserving his eggs before further transition was crucial to safeguarding his reproductive choices.
Despite a medical report confirming no abnormalities, the hospital allegedly refused the procedure solely based on his gender identity. He had approached KIMS hospital in Thiruvananthapuram for the same.
Devageeth contended before the court that transgender men are biologically capable of conception and that denying them access to egg cryopreservation violates their reproductive autonomy.
"The refusal to provide cryopreservation services strips the petitioner of reproductive choice and infringes on his fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty, including reproductive rights," the plea stated.
He also argued that no legal provision prohibits fertilization procedures for transgender individuals and that barring access to such medical services constitutes discrimination based on gender identity.
The petitioner also cited the Transgender Persons (Protection of Rights) Rules, 2020, which clearly prohibit discrimination in medical services based on gender identity.
He also referred to the 2015 Transgender Policy of Kerala which calls for non-discriminatory access to healthcare for transgender individuals.
Taking cognisance of the plea, the High Court has directed notices to be served to the private hospital, the state government, the Union government, and the National Assisted Reproductive Technology (ART) and Surrogacy Board.
The matter is scheduled for further hearing on February 18.
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