Law on transgenders: HC asks for amendments to Registration of Births and Deaths Act

The High Court of Karnataka has requested the Law Commission, Government of Karnataka, to suggest appropriate amendments at the earliest to the Registration of Births and Deaths Act, 1969, to give effect to the Transgender Act in its true letter and spirit. 

Justice Suraj Govindaraj said this while declaring that until suitable amendments are made, it shall be the duty of the Registrar of Births and Deaths to issue certificates under sections 6 or 7 of the Transgender Persons (Protection of Rights) Act, 2019, effecting necessary changes in the name and gender of a transperson. 

The court noted that in terms of Section 8 of the Transgender Act, there is an obligation on the government to safeguard the interests of the transgenders and one of the modes is to implement the mandate under sections 4 to 7 of the Transgenders Act. 

“..the government would have to carry out necessary amendments to the act of 1969 and rules framed thereunder to give effect to the Transgenders Act and establish necessary procedures required to be followed, to give effect to the purpose and intent and mandate of the special laws, namely the Transgender Act,” Justice Govindaraj noted. 

In the case at hand, the petitioner was diagnosed and found suffering from gender dysphoria in 2007 during psychiatric evaluation at Victoria Hospital, Bengaluru. The petitioner underwent sex reassignment surgery after due approval and made various applications for necessary changes of name and gender to be effected in identity documents like Aadhaar, driving licence and passport. 

However, the request for changing the name and gender in the birth certificate to reflect the correct name and gender as ‘female’ was rejected. It was contended by the authorities that Section 15 of the Registration of Births and Deaths Act does not contemplate such a change and/or modification in the birth certificate already issued and the only change that could be effected is as regards any erroneous entry made in the birth certificate. 

Justice Govindaraj observed that while no particular fault can be found with the authorities, the lacuna is required to be brought to the notice of the state. At the same time, not processing the application filed by the petitioner for the reason that section 15 of the 1969 act does not provide for the same, is acting contrary to the rights, which have been recognised under the Transgender Act, the court said. 

The court also said that since the Transgender Act is a special enactment, its mandate would have to be complied with by general enactment like the Registration of Births and Deaths Act. The court has now directed the Health Officer of the Mangaluru City Corporation to process the application of the petitioner within four weeks.