CLPR, is representing a transgender person, who has challenged Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11(4) of the Karnataka Registration of Births and Deaths Rules, 1999. These provisions stipulate that corrections to a birth certificate may only be made if the Registrar is satisfied that the entry was made fraudulently, incorrectly, or is erroneous in form or substance. However, they do not accommodate changes in name and gender by individuals on a voluntarily basis, therefore adversely affecting transgender persons.
Since these provisions violate Articles 14, 15, 19(1)(a), and 21 of the Constitution of India, and the provisions of the Transgender Persons (protection of Rights) Act, 2019, the Petitioner has sought to have Section 15 and Rule 11 read down to allow for voluntary changes in name and gender. We have also urged the Court to direct the Registrar of the Mangalore City Corporation to issue a new birth certificate reflecting the petitioner’s change of name and gender identity, and further direct the Law Commission of India to suggest appropriate amendments to the 1969 Act.
The Court has reserved its judgment in the case on 02 December 2024.