The Supreme Court has held that transgender and gender-diverse persons are not required to seek permission from their employers to undergo gender affirmation or surgical intervention, asserting that the right to self-determination of gender is a matter of personal autonomy and dignity.
“We have no hesitation in saying that no transgender or gender diverse person is bound to take permission from their employer to undergo surgical intervention, unless the nature of their work is such that it is based on one's gender identity,” the Court observed.
The bench comprising Justice JB Pardiwala and Justice R Mahadevan clarified that while an employee may be required to give prior notice to the employer, it should only serve administrative purposes , such as updating official records and maki