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 High Court of Karnataka delivered its judgement on 20 December, 2024. The bench noted the Transgender Act has been promulgated to provide for protection of rights to transgender persons and their welfare and also for matters connected therewith and incidental thereto along with various aspects. 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 (c) of Rule 2 and listed under Annexure 1. The court held “Therefore a revised birth certificate would have to be issued if all the requirements of the Transgender Act are fulfilled.”
The court ruled in favour of the petitioner and directed the Registrar to modify the birth and death certificate of transgender persons on submission of their application, if it is accompanied with requisite certificate concerning change in identity and gender as provided under Sections 6 (Issue of certificate of identity) and 7 (certificate of Change in gender) of the Transgender Persons (Protection of Rights) Act 2019 within a period of four weeks from the date of the judgement. The Court also asked the Karnataka Law Commission to suggest appropriate amendments to the Act of 1969 and the Rules framed thereunder so as to give effect to the Transgender Act in its true letter and spirit.
The case is thus disposed of.