Transwoman’s challenge to dismissal by Navy: Delhi HC seeks MoD stand on Armed Forces Tribunal power to decide validity of statutes

With Senior Advocate Gautam Narayan appointed as an amicus curiae in the matter, the three-judge bench is expected to consider the matter next on November 28.

A division bench of Justices C Hari Shankar and Om Prakash Shukla on September 26 was dealing with a petition by Sabi Giri seeking a 2017 order discharging her from the Indian Navy be set aside. Giri is also seeking framing of a policy for recruitment, enrolment and conditions of service of transgender persons, as well as a declaration of Section 9 of the Navy Act as unconstitutional.

The Centre, has opposed the maintainability of the petition, primarily on the ground that the AFT is competent to decide on the constitutionality of the provisions of the Act, and that even assuming the Delhi HC decides to hold the provision as unconstitutional, the petitioner’s discharge shall hold good as she was discharged from service due to various incidences of misconduct.

Accusing Giri of being an “undisciplined sailor”, according to the Centre, Giri was “found with long hair, nail polish and trimmed eyebrows and refused to follow service-like appearance and had also undergone gender re-assignment surgery in a civil hospital without informing naval authorities”, ultimately leading to her discharge for misconduct.