The court ruled that the Registration of Births & Deaths Act, 1969 must be amended to allow changes in name and gender identity for transgender individuals, aligning with the rights conferred under the Transgender Persons (Protection of Rights) Act, 2019.

ORDER :

Suraj Govindaraj, J.

1. The petitioner is before this Court seeking for the following reliefs:-

i. Declare that Section 15 of the Registration of Births & Deaths Act, 1969 and Rule 11 (4) of the Karnataka Registration of Births and Deaths Rules, 1999 be read down so as to include all voluntary changes to name and gender identity in one's birth certificate.

ii. Issue a writ in the nature of mandamus directing the Respondent No.2 to issue to the petitioner a new Birth Certificate reflecting her current name and gender identity' and

iii. Grant any other relief, which the Hon'ble Court deems fit in the circumstances of the case in the interests of justice and equity.

2. The petitioner was born as a male on 06.04.1983 and the birth came to be registered on 20.04.1983 with registration No.557. The petitioner having been diagnosed and found suffering from gender Dysphoria on 16.07.2007 during psychiatric evaluation at the Victoria Hospital, Bangalore, the petitioner having felt like a girl in a man's body. On reassessment being made by the concerned Doctors and authorities, the petitioner underwent sex re-assignment Surgery after due approval. Thereafter, the petitioner changed her name and made various applications for necessary changes of name and gender to be effected in identity documents like Aadhaar Card, driving licence and passport etc., which were so permitted.

3. When the petitioner made an application to respondent No.2 requesting the name and gender of the petitioner to be changed in the birth certificate to reflect her correct name and gender as 'female', respondent No.2 orally informed that Section 15 of The Registration of Births and Deaths Act, 1969 (for short, 'the Act of 1969'), does not contemplate such a change and/ or a modification to be made 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. It is in that background that the petitioner is before this Court seeking for the above reliefs.

4. Ms. Aparna Mehrotra, learned Counsel appearing for the petitioner submits that the Act of 1969 has not undergone any change, which was required in view of the coming into effect of the Transgender Persons(Protection of Rights) Act, 2019 (hereinafter referred to as 'the Transgender Act'). The rights which have been conferred on Transgender persons under the Transgender Act, have not been suitably incorporated in the Act of 1969, resulting in an anomalous situation, where despite the Transgender Act, permitting the petitioner to avail of a change in the certificate incorporating the change in name and change in gender, the authorities by contending that Section 15 of the Act of 1969 does not envisage such a situation, have refused to act on the application submitted by the petitioner and in that background, she submits that the reliefs sought for in the petition are required to be granted.

5. Learned Addl. Government Advocate Sri. Mahantesh Shetter appearing for respondent No.1 submits that the Registrar of Births and Deaths can act only in terms of the Act of 1969. The Act of 1969 not providing for change in the name or gender to be made post the entry in the register of births, such a correction in name and gender cannot be effected by the Registrar and it is for that reason, that the application has not been acted upon.

6. Heard Ms. Aparna Mehrotra, learned Advocate for the petitioner, learned Addl. Government Advocate Sri. Mahantesh Shetter, for respondent No.1 and Sri. K.N. Nithish, learned Counsel for respondent No.2 and perused the papers.

7. The Transgender Persons (Protection of Rights) Act, 2019 [hereunder referred to as “Transgender Act”] was enacted and came into effect on 10.01.2020 vide Notification No.S.0.135(E) dated 10th January 2020 published in Gazette of India, Extraordinary, Part II.

8. Transgender Act was promulgated after taking into consideration the lacunae in the applicable laws to recognize, cater to and prot