In a case wherein a transgender person was raped, the Uttarakhand High Court has asked the State to answer ifan investigation officer, by conducting DNA tests, determine the sex or gender of a transgender person who underwent gender reassignment surgery and refuse to accept the changed gender. The Court stated that in the National Legal Services Authority (NALSA) v. Union of India &Ors., the Apex court had preferred to follow the psych of the person in determining sex and gender rather than the biological test.