Mumbai: Observing that there is no law that can prohibit an adult from taking decisions pertaining to his or her life, the Bombay High Court on Monday gave its green signal to Bhidan Bharua, a 21-year-old student from Guwahati to undergo sex change surgery.
The court said both, the Union and state government has no objection to the surgery. "There is no law which prohibits the same. The petitioner (Bhidan) is 21 years old and hence a major and can take decisions for himself," a division bench of Justices S J Vazifdar and A R Joshi observed.
Advocate Advait Sethna, appearing for the Union government and government pleader Madhu Kajale told the court that they have no objection to the surgery.
Bhidan, who claims that he is a woman trapped in a man's body, had approached the High Court seeking his parents to be restrained from stopping the operation. According to Bhidan, his parents are against the sex change operation and have been threatening him.
"The court need not order a person not to cause harm to another individual. It is the job of the police to see to it that no harm is caused," the court said. The bench has directed Bhidan to file an application before the Colaba police station and the commissioner of police giving details of the threat faced by him.
"Police shall consider the application and if any threat is perceived to the petitioner then they shall provide necessary protection," Justice Vazifdar said. When the court refused to hear the matter, Bhidan had written a letter to the Chief Justice of the high court threatening to commit suicide if his matter was not heard and decided expeditiously.


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