Court mandates State to pay pending Rs.21,000/- within two months for post-operative treatment, emphasizing no indefinite delay in sanctioned assistance
In a significant judgment delivered on October 8, 2026, the Kerala High Court, through Justice P.V. Kunhikrishnan, has ordered the State of Kerala to promptly disburse the remaining financial assistance of Rs.21,000/- to Srihaan V Chandran, a transgender individual, for post-operative treatment following Sex Reassignment Surgery (SRS). The petitioner had already received Rs.15,000/- but was awaiting the balance amount sanctioned under the applicable government scheme.
The writ petition filed by Srihaan V Chandran challenged the respondents' delay in releasing the sanctioned funds, despite the petitioner's entitlement to a total sum of Rs.36,000/- for post-operative care as per Ext.P4. The State, represented by Government Pleader Laya Mary Joseph, conceded that the delay was due to pending sanction from the competent authority.
Rejecting the indefinite postponement, the court underscored that once financial assistance is sanctioned and payable, the disbursement should not be delayed. It directed the second respondent to release the outstanding Rs.21,000/- within two months from the receipt of a certified copy of the judgment. The court further held that the petitioner is entitled to interest at 18% per annum on the unpaid amount.
This judgment reinforces the rights of transgender persons to receive timely government aid for medical treatment following SRS and affirms the duty of state authorities to ensure that sanctioned benefits are disbursed without undue delay. It also highlights the judiciary's role in safeguarding the welfare of marginalized communities by enforcing prompt governmental action.
Bottom Line:
Transgender person undergoing Sex Reassignment Surgery is entitled to disbursement of eligible balance financial assistance for post-operative treatment and aftercare within a fixed time where part payment has already been made and respondents state that sanction is awaited.
Statutory provision(s): Constitution of India, 1950 Article 226
Srihaan V Chandran v. State of Kerala, (Kerala) : Law Finder Doc Id # 2995534
