Karnataka HC Allows Modification To Birth/Death Certificate Of Transgenders Indicating Both Earlier & Present Name

The Court enabled transgender persons to update their birth certificates to reflect their current name and gender identity, even in the absence of specific amendments to the Registration of Births and Deaths Act, 1969 (1969 Act). The Bench directed that the Registrar of Births and Deaths must process such applications when accompanied by a certificate issued under the Transgender Persons (Protection of Rights) Act, 2019 (2019 Act).

A Single Bench of Justice Suraj Govindaraj held, “Until suitable amendments are made to the Act of 1969 and the rules framed thereunder it shall be the duty of the Registrar of Births and Deaths to give effect to any certificate issued under Section 6 or 7 of the Transgender Persons(Protection of Rights) Act, 2019 by accepting and processing an application filed by a transgender, if accompanied by certificate under section 6 or 7 of the Transgender Act and make such entries in the Register of Births and Deaths and issue necessary birth or Death certificate with modification made, indicating both the earlier name and the present name with the details of the certificate under Section 6 or 7 being incorporated in the said certificate.”

Advocate Aparna Mehrotra represented the Petitioner, while A.G.A. Mahantesh Shetter appeared for the Respondents.

The Petition was filed by a transwoman challenging the refusal of authorities to amend her birth certificate despite possessing a valid certificate of identity under the 2019 Act.

The Petitioner, who was born male, underwent gender reassignment surgery after being diagnosed with gender dysphoria. Following the surgery, she changed her name and successfully updated her identity documents, including her Aadhaar card, passport, and driving license.

However, when she applied to the Registrar of Births and Deaths to amend her birth certificate, her request was denied. The Registrar stated that under Section 15 of the 1969 Act, only change for erroneous entries was allowed.

The Petitioner submitted that the 1969 Act had not undergone any changes, which were required in view of the coming into effect of the 2019 Act. It was arguued that the rights which were conferred on Transgender persons under the 2019 Act, were not suitably incorporated in the Act of 1969, resulting in an anomalous situation, where despite the Transgender Act, permitting the petitioner to avail of a change in the certificate incorporating the change in name and change in gender, the authorities by contending that Section 15 of the Act of 1969 did not envisage such a situation, can refuse to act on the application submitted by the Petitioner.

The High Court acknowledged the gap between the 2019 Act and the 1969 Act but emphasised that the rights conferred by the 2019 Act must take precedence. The Court observed that the 2019 Act recognised the right to self-perceived gender identity and mandated the issuance of a certificate under Section 6 for those who identify as transgender.

The Bench pointed out that Section 7 of the 2019 Act allowed individuals to apply for a revised certificate following gender reassignment surgery, which should be reflected in official documents, including birth certificates.

“Since there is no procedure now in force providing for the correction in the birth certificate on account of change in gender, until suitable amendments are made to the Act of 1969 and the rules framed thereunder it is declared that it shall be the duty of the Registrar of Births and Deaths to give effect to any certificate issued under Section 6 or 7 of the Transgender Persons(Protection of Rights) Act, 2019 by the issuance of necessary amended/corrected Birth or Death Certificate in terms of the Certificate issued under Section 6 or 7 of the Transgender Act by effecting necessary change in the name and gender of such transperson,” the Bench remarked.

Consequently, the Court observed, “The Law Commission, Government of Karnataka is requested to look into the Transgender Act and suggest appropriate amendments to the Act of 1969 and the Rules framed thereunder so as to give effect to the Transgender Act in its true letter and spirit, at the earliest. Registrar (Judicial) is directed to forward this order to the Hon’ble Chairperson of the Law Commission of Karnataka.”

Cause Title: X v. The State of Karnataka & Anr. (Neutral Citation: 2024:KHC:49110)

Appearance:

Petitioner: Advocates Aparna Mehrotra And Naveen Chandra V

Respondents: A.G.A. Mahantesh Shetter; Advocate K.N. Nithish

Click here to read/download the Order