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The Directorate General of Civil Aviation (DGCA) on Wednesday, 12 July, requested India's first transgender trainee-pilot Adam Harry to submit a new application for medical assessment.
This comes two years after he was declared "unfit to fly" due to hormone therapy.
In a press release, the DGCA said that there are “no restrictions on transgender people to obtain pilot’s licence and ratings." But added that it was subject to certain requirements such as “age, educational qualifications, medical fitness, knowledge, experience etc."
In 2020, Harry, who identifies as a transgender man, received the Kerala government's support to undergo training and become a commercial pilot. He took a medical test in the same year to join the course, but the Directorate General of Civil Aviation (DGCA) denied him permission citing that he is "unfit to fly" due to hormone therapy.
He tried to complete his studies in Johannesburg while also engaging in part-time work, but he was forced to return home due to lack of support.
In Ernakulam, he took up various jobs – from food delivery to working in restaurants – to support himself. It was here he met a journalist, who covered his story and put him in touch with the Social Justice Department.
While he reached out to them to start a juice shop, the Kerala government offered him scholarship to pursue his pilot training with the Rajiv Gandhi Aviation Academy under the transgender persons' welfare fund.
In 2020, when Harry joined the institute, he had to undergo the Class 2 medical test to be eligible for a student pilot's license. He was forced to take the test as a female person – the gender he was assigned at birth – as DGCA's medical examination form did not include options for non-binary genders.
“They said due to gender dysphoria and hormone replacement therapy (HRT), I am not fit for flying,” he said, adding that the officials at Institute of Aerospace Medicine, Bengaluru, were transphobic. Harry was also forced to undergo a psychometric test – something that is not sought from all pilots.
That's when, Harry decided to take the DGCA to court as the institute was planning to return the government scholarship – as he is not undertaking flying lessons but only on-ground classes.
"Denying commercial pilot licence to a transgender candidate is discriminatory and against the law," said the Ministry of Social Justice in its letter to DGCA on Monday, 11 July, and urged it to come up with separate medical guidelines and licensing for transgenders to join the profession.
Arun Kumar, Director General of DGCA wrote in the letter, “The Ministry of Social Justice and Empowerment would like to bring to your notice that the actions of the DGCA are in conflict with the judgment of the Supreme Court in the National Legal Services Authority case and violates the provisions stated under The Transgender Persons (Protection of Rights) Act of 2019, as it ends up being discriminatory by denying/ terminating employment or occupation on the basis of gender of the person," The Hindu reported.
Among other directions, the Ministry of Social Justice also asked the DGCA to create special provisions so that trans people can opt "male, female, or transgender person," as their gender, while applying for all jobs regulated by DGCA.
It also asked the regulator to upgrade the medical standards especially when people are undergoing gender affirming medical interventions. The Ministry also suggested that DGCA review drugs used during hormone therapy which pilots can be allowed to consume in a monitored way.
(With inputs from The Hindu.)
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Published: 14 Jul 2022,07:46 AM IST