In a landmark ruling affirming the rights of transgender individuals, the Karnataka High Court has directed the Registrar of Births and Deaths to update gender and name details in official records for transgender persons who present valid certificates issued under the Transgender Persons (Protection of Rights) Act, 2019. Justice Suraj Govindaraj delivered the judgment on December 20, 2024, in response to Writ Petition No. 55559 of 2017 filed by Ms. X, a transgender woman seeking a corrected birth certificate reflecting her transitioned gender and new name.
Background of the Case
The petitioner, Ms. X, a 34-year-old resident of Mangaluru, was born male in 1983. She was diagnosed with gender dysphoria and underwent sex reassignment surgery following psychiatric evaluation and medical approvals. Subsequently, her name and gender were updated in identity documents like Aadhaar, passport, and driving license. However, when she applied for a corrected birth certificate, the Mangaluru City Corporation denied her request, citing limitations under the Registration of Births and Deaths Act, 1969, which only allows changes for clerical errors.
This rejection led Ms. X to approach the Karnataka High Court. She was represented by Advocate Aparna Mehrotra, while the respondents included the State of Karnataka and the Health Officer/Registrar of Births and Deaths, represented by Advocates Sri Mahantesh Shetter and K.N. Nithish, respectively.
Legal Issues Examined
1. Interpretation of the Registration of Births and Deaths Act, 1969: The court addressed whether Section 15, which provides for correcting erroneous entries, could be expanded to accommodate voluntary changes in gender identity.
2. Compatibility with the Transgender Persons (Protection of Rights) Act, 2019: The court examined the interplay between the older statute and the Transgender Act, which recognizes the rights of transgender individuals to identify with their self-perceived gender.
3. Right to Identity: The court emphasized that denying updates to birth certificates violated the fundamental rights of transgender persons.
Court’s Observations
Justice Govindaraj underscored that the Transgender Act, being a special law, takes precedence over the general provisions of the Registration of Births and Deaths Act. He stated:
“There is an obligation on the government to safeguard the interests of transgender persons by implementing Sections 4 to 7 of the Transgender Act, which confer the right to self-perceived gender identity and the issuance of certificates to that effect.”
The court also noted that failure to accommodate gender identity changes in official records undermines the rights guaranteed under the Transgender Act.
Court’s Decision
The High Court issued the following directions:
1. The Registrar of Births and Deaths must process applications for updating gender and name in birth and death certificates upon submission of valid certificates issued under Sections 6 and 7 of the Transgender Act.
2. Both the original and updated names should be reflected in the revised certificates, along with a reference to the transgender identity certificate.
3. The Karnataka Law Commission was tasked with recommending amendments to the Registration of Births and Deaths Act, 1969, to align with the Transgender Act.
The court ordered Respondent No. 2, the Mangaluru City Corporation, to process Ms. X’s application and issue her a corrected birth certificate within four weeks.
