HC orders to issue trans people revised birth, death certificates

New Delhi: The Karnataka High Court ordered the Registrar of Births and Deaths to issue revised certificates for transgender individuals who have undergone gender reassignment.

The court instructed that these certificates must reflect both the previous and revised names and genders of the individuals. This directive will remain effective until necessary amendments are made to the Registration of Births and Deaths Act, 1969, which currently does not allow for changes in gender on original birth or death certificates, PTI reported.

The court 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 to align with the intent of the 2019 Act.

Justice Suraj Govindaraj issued these orders while resolving a petition from a 34-year-old transgender woman who had her gender reassignment surgery and sought to update her name and gender on her birth certificate.

The Mangaluru City Corporation's Registrar of Births and Deaths had earlier denied her request, citing the lack of provisions in the 1969 Act.

The court highlighted that the Transgender Persons Act 2019 provides for updating official documents, including birth certificates, based on a certificate issued by a competent authority after gender reassignment. However, it acknowledged that the 1969 Act lacks provisions for revising original certificates to reflect gender changes.

While the court recognised that the Registrar's decision to reject the petitioner's application was technically correct under the 1969 Act, it emphasised that this decision contravenes the rights guaranteed to transgender persons under the 2019 Act. To address this gap, the court directed the Registrar to issue revised certificates until legislative amendments are enacted.