Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate

Noting that since there is no procedure for now in force for corrections in birth certificate on account of change in gender, Justice Suraj Govindaraj in his order directed that until suitable amendments are made in the Registration of Births and Deaths Act and rules therein, " 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 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 ". The Karnataka High Court has asked the state government to suggest amendments to the Registration of Births and Deaths Act, 1969, and the rules framed thereunder to "give effect" to the Transgender Persons Act 2019, in permitting change of name and gender of a transgender person in their birth/death certificate. The court referred to various provisions of the Act and Rules and said “When, Sub-sections and of Section 7 of the Act, provide for both change in gender and change in first name, the concomitants thereof would be, issuance of a necessary birth certificate under the relevant provision and in this case, Section 15 of the Registration of Births and Deaths Act, 1969.” Stating that the Transgender Act being a special enactment, the mandate of a special Act would have to be complied with by General Enactment like the Act of 1969 the court noted that a birth certificate is also an official document as per Annexure 1 to the transgender rules as defined under sub-rule of Rule 2 and listed under Annexure 1. The court said “In that view of the matter, the authority not having acted on the application filed by the petitioner for the reason that Section 15 of the Act of 1969 not providing for the same, the said authority has acted contrary to the rights, which have been recognized under the Transgender Act, by negating the rights of a Transgender recognized under the Transgender Act.” Accordingly it allowed the petition and directed the Respondent No.2–Health Officer/Registrar of Birth and Death Certificate to process the application of the petitioner in terms of the above within a period of four weeks from now and issue the same.