The Karnataka High Court on Friday directed the Registrar of Births and Deaths to issue modified certificates for transgender individuals who have undergone gender reassignment.
These updated certificates must include both their previous and revised names and genders. The directive will remain in effect until necessary changes are made to the Registration of Births and Deaths Act, 1969, which currently does not permit alterations to gender on original birth or death certificates.
This ruling came in response to a petition filed by a 34-year-old transgender woman who underwent gender reassignment surgery and sought to update her birth certificate to reflect her new name and gender. The Mangaluru City Corporation’s Registrar of Births and Deaths had previously denied her request, citing the absence of provisions in the 1969 Act for such changes.
Court’s Ruling
Justice Suraj Govindaraj, who issued the order, also urged the Karnataka Law Commission and the state government to review the Transgender Persons (Protection of Rights) Act, 2019, and propose amendments to the 1969 Act and its Rules. The aim is to align the Act with the intent of the 2019 law, which recognizes the right of transgender individuals to update official records after gender reassignment.
While the court acknowledged that the Registrar’s rejection was technically correct under the 1969 Act, it emphasized that such a decision conflicted with the rights of transgender persons as protected under the Transgender Persons Act, 2019. The court recognized that the 2019 law allows for the updating of official documents, including birth certificates, following gender reassignment, provided a certificate from a competent authority is submitted. However, the court noted that the 1969 Act does not currently have provisions for amending original certificates to reflect gender changes.
To address this gap, the court instructed the Registrar to issue modified certificates until legislative amendments are introduced. This decision marks a significant step in recognizing the legal rights of transgender individuals in India, ensuring that their identities are accurately reflected in official records.
The court’s intervention highlights the need for legal reforms to ensure the protection and recognition of transgender rights, particularly in relation to official documentation, and it paves the way for further legislative changes in the future.
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