Sex-change case: Bombay HC rules in favour of Bidhan Barua

Earlier we had reported a story about Bidhan Barua, a young man who wanted to undergo a sex change but was being harassed by his parents. The Bombay High Court observed that there is no law that can prohibit an adult form taking decisions pertaining to his life and gave its not to Guwhati student Bhidan Barua to undergo a sex change. he court said both, the Union and state government has no objection to the surgery. “There is no law which prohibits the same. The petitioner  is 21 years old and hence a major and can take decisions for himself,” a division bench of justices SJ Vazifdar and AR 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.

“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 Bidhan 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. Bidhan, who prefers to be called Swati, alleged that his parents had stalled the sex change surgery which was supposed to take place on April 17. Bidhan said that it was early in life that he realised that he was a man trapped in a women’s body and would dress in women’s clothes when he was young.

His parents were obviously scandalised and would beat him up. When he was in 7^th class he realised that sex change operations are possible and has been doing odd jobs after school to earn money for the operation which will cost him anything between Rs 1.5 to Rs 3 lakh. On March 2 this year, Bidhan underwent a psychiatric test in Guwahati to check whether he was fit enough to undergo such a procedure. As the result was positive, he ran away from home on March 31 and came to Mumbai where he stayed with his cousin. However, his father Supti Ranjan Barua traced him to Mumbai.