Kochi: A 28-year-old transgender man has filed a petition in the Kerala High Court after a private hospital in Thiruvananthapuram allegedly denied him the right to freeze and store his eggs due to his gender identity.
Hari Devageeth, who was assigned female at birth but identifies as male, has undergone breast removal surgery but has not yet completed sex reassignment procedures. He approached the court, arguing that preserving his eggs before further transitioning is essential to safeguarding his reproductive rights.
Despite a medical report confirming no abnormalities, the hospital, identified as KIMS in Thiruvananthapuram, allegedly refused the procedure based solely on his gender identity. Devageeth contended 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 further argued that no legal provision prohibits fertility procedures for transgender individuals and that barring access to such medical services constitutes gender identity-based discrimination.
The petition also cited the Transgender Persons (Protection of Rights) Rules, 2020, which explicitly prohibit discrimination in medical services based on gender identity. Additionally, Devageeth referred to Kerala’s 2015 Transgender Policy, which advocates for non-discriminatory access to healthcare for transgender individuals.
Taking note of the plea, the Kerala High Court has issued notices to the private hospital, the state government, the Union government, and the National Assisted Reproductive Technology (ART) and Surrogacy Board.
The case is scheduled for further hearing on February 18.
With IANS inputs