📍New Delhi | 30 Oct, 2025, 7:53 PM
Transgender Navy Officer Case: Delhi High Court has asked the Defence Ministry to clarify its stance in case of dismissal from the service of Transgender Naval Officer. The court has asked whether the Armed Forces Tribunal should be hearing only by being limited to its Act, i.e. the Armed Forces Tribunal Act, 2007 or may also examine the constitutional validity of other laws.
The hearing of this case is making three-member backs of Chief Justice D.K. Upadhyay, Justice C. Hari Shankar and Justice OP Shukla. The court said that this issue is not limited to the navy only, but it can also be affected on the personnel of the thalasena and the air force. Hence, the Secretary or any senior officer designated by them on behalf of the Ministry of Defence will have to give a detailed response to this.
The back clarified that this case may affect the entire armed forces, so the official status of the ministry should be introduced in front of the court. The court has set the date of the next hearing of the case on November 28.
Naval Officer filed after transgender identity petition
The case is connected to a former navy officer who began to recognize himself as a woman during the service and carried out the gender regiment surgery. Subsequently, the officer alleged that the navy placed them in the psychiatric ward for five months and repeatedly examined the medical examination.
Afsar filed a petition in the court saying that Section 9 of the Navy Act and some rules do not consider the identity of transgender individuals. So they should be declared unconstitutional. The petitioner has also sought restoration and outstanding salary in their service.
Government of India
Additional Solicitor General Chetan Sharma on behalf of the Central Government gave the plea that the right to hear the petition is only to the AFT, as this case is linked to the service rules and dismissal. He removed the officer due to disciplination and violation of the rules.
The government claimed that the officer was repeatedly warned several times due to long hair, nail polish, and eyebrow trimming. Also, without allowing gender resignation surgery was also reported against service conduct.
Three main questions raised in court
In this case, the court has to decide on three important legal questions. First, does AFT have the right to consider the constitutional validity of the sections of the Naval Act, such as other laws other than its Act? Second, have the decision of the sapphire face case previously given has the right to give AFT a decision in such cases? Third, does such interpretation apply to all the Tribunals that have not been established under Article 323A and 323B of the Constitution?
The court said- The issue connected to the entire force
Hikert also said that it is not a matter of only one person, but it is associated with equality and rights in the entire armed forces. The court has appointed Senior Advocate Gautam Narayan as Amikas Curia, who will help the court in this case.
The court said that any results may result in this matter may have an impact on all personnel serving in the Army, Navy and Air Force. The central government should therefore consider it seriously. The next hearing of the case is scheduled on November 28, when the official response on behalf of the Ministry of Defence will be introduced in front of the court.
