The Karnataka High Court has instructed the Registrar of Births and Deaths to issue modified certificates for transgender individuals who have undergone gender reassignment surgery.
These new certificates must reflect both the person’s previous and revised name and gender.
This directive will remain in effect until the necessary amendments are made to the Registration of Births and Deaths Act, 1969. Currently, the Act does not allow for changes in gender on original birth or death certificates.
The court also urged the Karnataka Law Commission and the state government to review the Transgender Persons (Protection of Rights) Act, 2019, and propose changes to the 1969 Act and its Rules, ensuring they align with the spirit of the 2019 law.
Court’s Ruling
Justice Suraj Govindaraj issued this ruling in response to a petition filed by a 34-year-old transgender woman who had undergone gender reassignment surgery and sought to update her name and gender on her birth certificate.
The Registrar of Births and Deaths in Mangaluru City had previously denied her request, citing the lack of provisions in the 1969 Act.
The court noted that the Transgender Persons Act, 2019, allows for the update of official documents, including birth certificates, based on a certificate from a competent authority after gender reassignment.
However, it acknowledged that the 1969 Act does not have provisions for changing the gender on original birth certificates.
While the court recognized that the Registrar’s refusal was technically correct under the current 1969 Act, it pointed out that the decision violated the rights of transgender individuals as guaranteed under the 2019 Act. To address this gap, the court ordered the Registrar to issue revised certificates until legislative amendments are made.
This ruling reflects the court’s recognition of the need for legal reforms to better protect the rights of transgender persons, particularly in relation to official documents that reflect their gender identity. The court’s intervention aims to provide immediate relief to transgender individuals, while also urging a long-term legal solution to align with evolving societal and legal standards.
