DGCA clarifies allegations of 'denying' pilot license to transgender candidate

The Directorate General of Civil Aviation (DGCA) issued a statement on Wednesday about allegations that Adam Harry, India's first trans pilot from Kerala, had been pronounced 'unfit' by the regulator on medical reasons.

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To be clear, Harry was never denied a commercial pilot's licence by the DGCA, as stated in a statement signed by Group Captain YS Dahiya of the Directorate of Medical Services (Civil Aircrew).

There are no restrictions on transgender persons receiving a licence, as long as they meet the essential requirements of age, educational credentials, medical fitness, and knowledge experience among others as defined in the 1937 Aircraft Rules, according to the aviation watchdog.

For a licence, a medical examination is required. If there are no related medical, mental, or psychological issues, transgender employees may also be awarded a suitable medical evaluation. It is not a deal breaker if the candidate is taking hormone replacement medication and reports no negative side effects. However, flying tasks are not authorised while the dosage of hormone therapy is being stabilised or until an acceptable physiological response has been reached and the dose no longer has to be changed, according to the statement.

In the case of Harry, towards ensuring the medical assessment, even in the absence of a specific policy for transgender personnel, the process was undertaken in line with the world’s best practices.

It said DGCA has followed the process as specified in FAA’s Guide for Medical Examiners. This is owing to the case being a first of its kind in India. It is pertinent to mention that the world over a methodology of handling such scenarios on a ‘case to case’ basis is being followed.

It also clarified that the DGCA prescribed form for medical examination does not contain any field for gender. Additionally, the gender of an individual is auto-fetched from the registration aspect of e-Governance of Civil Aviation (eGCA), which provides a transgender individual to register as ‘Transgender’. Adam Harry has not yet registered himself on the eGCA platform which is in place since Dec 2019.

Media reports alleged that Harry has been declared unfit on the grounds of gender dysphoria undergoing hormone therapy and that the same lacked scientific medical basis and is not in line with the practices followed in other countries.

Reacting to the allegation, the statement clarified that the procedure for evaluation of transgender at DGCA is the same as the one followed by FAA.

Further, it said in order to obtain a Commercial Pilot’s Licence, an applicant has to undertake necessary flying by utilizing the privileges of a Student Pilot’s Licence, which Harry has not undertaken.

Rajiv Gandhi Academy for Aviation Technology, an approved FTO, has indicated that Harry was not issued Student Pilot’s License owing to inadequate attendance for ground classes.

Lastly, the statement said that since Harry is due for renewal of his current medical assessment at an Indian Air Force boarding centre, he has been informed to undertake a few procedures for obtaining a fresh medical assessment.

It asked harry to apply for a name change from Ms Aisha TS to Mr Adam Harry, as per the procedure laid down in the Medical Circular 01/2015 on ‘Amendment of Personal Details in the records’, register on eGCA as ‘Transgender’ so that the basic detail gets replicated in all the deliverables of DGCA (including medical assessment), and then apply for Class-2 medical renewal through eGCA (as the previous assessment is valid till 23 Aug 22).