Admitting the plea of Noorie (name changed) recently, a Division Bench of Justice Sanjay Kishan Kaul and Justice Mool Chand Garg observed ‘one cannot be refused opportunity of employment on the basis of sexual dysfunction unless a reasonable nexus is proven between the requirement of the job and the inability of the candidate due to the sexual disability’.

Appearing for 22 year-old Noorie, her counsel Geeta Luthra contended that she fulfilled mandatory requirements and qualified all the requisite examinations, however, she was declared medically unfit by a medical panel on the ground that Noorie suffers from Pseudo hermaphroditism (person born with secondary sex characteristics) which is a congenital anomaly.

Terming the medical panel's report as arbitrary and discriminatory, the counsel argued that the decision is against her fundamental right to equal employment.

Stating that the people who suffer from pseudo hermaphroditism some time are subjected to public harassment, sexual abuse and even violence, the lawyer submitted before the Bench that five years ago Noorie had undergone a surgery known as gonadectomy which is surgical removal of an ovary or testis.

"Independent doctors have declared Noorie as medically fit and said she is physically, emotionally and psychologically a woman. Though she cannot conceive a baby, she is capable of a successful married life," the lawyer claimed.

Citing the Gender Recognition Act (GRA) of UK, Noorie's counsel sought a direction to the Central government for an appropriate law. He said that the English law provides such people a legal recognition in their acquired gender but there is no legislation on these lines in our country.