The Karnataka High Court upheld a transgender woman's request to change her birth certificate, citing a legal gap between the Registration of Births and Deaths Act, 1969, and the Transgender Persons (Protection of Rights) Act, 2019. The court ordered amendments and ordered local authorities to process the application, emphasizing the need for transgender rights recognition.
Copyright infringement not intended
Picture Courtesy: INDIA TODAY
The Karnataka High Court upheld a transgender person's plea to change her birth certificate.
A transgender woman, born male, filed a plea to change her birth certificate to reflect her gender identity after undergoing sex reassignment surgery.
She had already updated her gender and name on other identity documents like Aadhaar, passport, and driving license. However, local authorities denied her request, citing Section 15 of the Registration of Births and Deaths Act, 1969, which does not allow voluntary changes to birth certificates.
The petitioner encountered a legal gap between two laws—the Registration of Births and Deaths Act, 1969, and the Transgender Persons (Protection of Rights) Act, 2019.
The Transgender Act allows gender and name changes in official documents, however, section 15 of the Registration Act does not permit voluntary amendments to birth certificates, creating confusion.
The court said that to align with the Transgender Act, Section 15 of the Registration Act must be amended. The court directed local authorities to process the transgender woman's application and ordered the Karnataka Law Commission to suggest appropriate amendments to the law.
The court directed that, until the law is amended, the Registrar of Births and Deaths should accept and process applications from transgender individuals who provide a revised birth certificate including both the former and current names, along with relevant details from the Transgender Act certificate.
The High Court decision highlights the need for legal reforms to comprehensively recognize transgender individuals' rights, especially in updating identity documents like birth certificates.
The ruling highlighted the gap in existing laws and urged for the necessary amendments to reflect the intent of the Transgender Act in its true letter and spirit.
The Act establishes the National Council for Transgender Persons (NCTP) to monitor and promote the welfare of transgender people.
A transgender person is defined as one whose gender identity does not match the gender assigned at birth. This includes transmen, transwomen, gender-queers, and individuals with intersex variations or other socio-cultural identities like kinnar and hijra.
Transgender persons are granted the right to reside with their parents and immediate family members.
The Act provides transgender persons the right to self-perceived gender identity, and they can obtain a certificate of identity from the District Magistrate. A revised certificate is needed if gender changes.
It prohibits discrimination against transgender persons in areas such as education, employment, and healthcare.
The Act prescribes punishment for offences against transgender persons, with imprisonment ranging from six months to two years, along with a fine.
The Union Minister of Social Justice and Empowerment acts as Chairperson (Ex-officio).
The Union Minister of State for Social Justice and Empowerment acts as Vice Chairperson (Ex-officio).
Central Government Representation from 10 central departments, including Health, Home, Minority Affairs, Education, and others.
State Representation from five states or Union Territories on a rotational basis, covering all regions (north, south, east, west, and northeast).
Five members from the transgender community, one from each region.
Members from the Department of Pensions, NITI Aayog, National Human Rights Commission, and National Commission for Women.
Members hold office for three years.
It monitors the impact of programs and policies aimed at achieving equality for transgender persons.
It advises the central government on policies, programs, and legislation related to transgender rights.
The NCTP reviews and coordinates activities across various departments.
The Council addresses the grievances of transgender persons.
It has the power to inquire into complaints of rights violations and take necessary action.
Must Read Articles:
RESERVATION FOR THE TRANSGENDER COMMUNITY
Source:
|
PRACTICE QUESTION Q.Critically analyze the key provisions of the Transgender Persons (Protection of Rights) Act, 2019 and discuss its significance for the transgender community in India. (150 words) |
© 2025 iasgyan. All right reserved