Delhi HC calls for change in mindset, urges Indian Navy to give another posting to sailor who was sacked after undergoing sex change surgery
New Delhi, October 31: The Delhi High Court on Tuesday asked the Indian Navy that if a sailor after getting discharged from a sex change operation could be given another posting. The sailor Sabi Giri moved to the Delhi High Court on Monday.
Sabi Giri, the Indian Navy sailor from Vishakhapatnam was expelled from service on October 9 after she went underwent a sex change surgery.
Sabi Giri, born Manish Kumar Giri was expelled for breaching recruitment regulations and eligibility criteria. The Indian Navy restricts recruitment of women to certain departments. The post which Sabi Giri held before her sex change surgery was only designated for men.
Justice GS Sistani and Justice V Kameswar Rao said that there should be a change in mindset. The bench said that it was a rare case in the armed forces and pointed out that Sabi Giri was suffering from gender identity crisis.
The Additional Solicitor General Sanjay Jain said that their position was not judgmental about transgenders. He said that we respect their choice but Sabi Giri got discharged from service as part of a policy decision of the navy.
The bench said that it would not interfere with the Navy’s policy decisions. But it also pointed out that how when a fighter pilot gets injured on duty, the pilot is given a ground posting. So, if something similar could The bench asked if something similar could be done for Sabi.
In the petition, Sabi Giri challenged the validity of Section 9 of the Navy Act, 1957 that grants enrollment of only male sailors and said the Navy violated her fundamental rights to equality, non-discrimination, freedom of gender expression by discharging her.