Kerala High Court directs State to pay ₹21,000 to transgender for person post-surgery aid

The Kerala High Court has directed the State government to pay ₹21,000 to a transgender person as financial assistance for post-operative treatment and care following sex reassignment surgery (SRS). [XXX v State of Kerala & ors]

Justice PV Kunhikrishnan passed the direction after the State government informed the Court that steps were being taken to release the amount and that approval from the concerned authority was awaited.

The petition was filed by a transgender person who had undergone gender affirming surgery in October 2024.

The petitioner submitted that he had not received the full financial assistance available under a state government scheme for post-operative treatment after SRS.

Under the scheme, eligible transgender persons are provided financial assistance towards post operative treatment and care. The petitioner claimed that he was entitled to a total amount of ₹36,000 under the scheme.

However, he told the Court that he had received only ₹15,000 and the remaining ₹21,000 was not yet paid.

The Government Pleader, after getting instructions from the concerned authorities, informed the Court that steps were being taken to pay the amount and that the authorities were awaiting approval.

Taking note of the submission, the Court said,

"If that is the case, there can be a direction to the 2nd respondent to disburse the eligible amount to the petitioner within a time frame. Therefore, 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 Court ordered the Director of the Directorate of Social Justice to pay the amount within two months time.

The petitioner had sought 18% annual interest on the unpaid amount. However, the Court did not grant any specific relief on interest and limited its direction to payment of the undisbursed amount.

Advocates PV Uttara and Sarath KP represented the petitioner.

Government pleader Laya Mary Joseph appeared for the state and its authorities.  

[Read Judgment]