HC orders state to include female police candidate rejected for male chromosome | Bombay News

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Mumbai: The Bombay High Court (HC) ordered the State Police Department to fast-track the appointment of a qualified woman for Nashik Rural Police recruitment in 2018, but was denied a post after failing a medical test indicating she had male chromosomes.

The woman, who was 19 at the time, underwent a medical test as per procedure, and the karyotyping test – which examines blood cells and analyzes chromosomes to determine any conditions – showed ‘Y’ chromosomes , which are genotypically male.

Although it is not common to refer a person for a karyotyping test, in this case the petitioner was referred for the remainder after doctors at JJ Hospital in Mumbai noticed abnormalities during her medical examination regular.

The woman, who applied under the Scheduled Caste (SC) category, told the court that she had lived her whole life as a woman and placed all the documents in front of the bench to prove it. Following this, the Attorney General (AG), who appeared for the state, assured the court that the government would appoint her to a non-policing position commensurate with her increased level of education.

A divisional bench consisting of Justices Revati Mohite Dere and Madhav Jamdar, hearing the motion filed by the woman through attorney Vijaykumar Garad, said: “The wait has already been too long. ”

“Upon receipt of the additional recommendation, we request the state government to make an appropriate decision, bearing in mind the particular facts of this case, as expeditiously as possible,” the bench said.

He also ordered the lawyer to mask the identity of the woman and called her “ABC”.

Garad argued that in 2018, “ABC” responded to a recruitment advertisement for the Nashik Rural Police in the SC category and scored 171 out of 200 points in the written test. Subsequently, she underwent a compulsory medical examination at Sir JJ Hospital.

For the karyotyping test, she was referred to the National Institute of Immunohematology at KEM Hospital, also in Mumbai, which then submitted a report that she had XY chromosomes. Sir JJ Hospital sent a letter to the Superintendent of Police (SP, Nashik Rural) advising him that he was of the opinion that the applicant was a ‘male’.

When she was not informed of the date of joining although time had passed, the woman filed a petition with the SP under the Right to Information (RTI) Act in which she was informed that the merit list for male applicants in the SC category had closed on 182 .

Garad maintained that the woman had two sisters and a brother. As her family’s financial situation was not good – her parents are involved in sugarcane cutting work, which is seasonal – the government job would help her support her family. Garad maintained that in light of the karyotype report, the woman was also willing to take on a non-policing position.

State Counsel Ashutosh Kumbhakoni said that as the woman appeared for her High School Leaving Examination (HSC) at the time but was currently pursuing higher education , the State would grant him a position corresponding to his diplomas.

The AG assured the bench that the terms and benefits of the proposed employment and the availability of service benefits would also be extended to the Applicant.

After hearing the submissions, the panel noted in its May 6 order, made available May 12: “We appreciate the sensitivity and promptness shown by the learned General Counsel and state authorities. We accept the statement made by Mr. Kumbhakoni that the Special Inspector General will send an additional recommendation to the Additional Chief Secretary of the Government of Maharashtra, within one week from today, recommending that the petitioner be housed at the police department at a non-police station. , having regard to the level of education of the applicant. »

Women’s rights activists have questioned the state’s right to perform a karyotype test to determine a person’s gender identity without their informed consent. Moreover, the candidate was later rejected on the basis of the test result, even though a 2014 Supreme Court judgment, National Legal Services Authority (Nalsa) vs Union of India, made it clear that the state should not discriminate based on gender identity.

“Chromosomal identity is about determining someone’s biological sexual identity. Femininity is someone’s gender identity, which is a conscious choice of an individual protected as of right by the Supreme Court’s 2014 NALSA ruling [which recognised the identity of transgender persons and affirmed self-identification as the basis of gender]. Gender identity is independent of a person’s biological sexual identity,” said Dr. Anindya Kumar Ray, a psychiatrist who was part of the team that formulated a protocol for gender-affirming surgeries at the RG Kar Government Hospital in Kolkata.

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