The Karnataka High Court ordered that birth and death certificates be changed to match a person’s gender identity if they present a valid transgender certificate. The court instructed the registrar of births and deaths to update these details in official records. This decision highlights the importance of recognizing and respecting transgender identities in official documents. It shows the court’s dedication to protecting the rights of transgender individuals.
Bengaluru: The Karnataka High Court ruled that the registrar of births and deaths must change the gender on birth or death certificates when applicants provide valid transgender certificates, until the Registration of Births & Deaths Act of 1969 is amended.
Justice Suraj Govindaraj stated that applications supported by certificates issued under the Transgender Persons (Protection of Rights) Act, 2019, should be accepted and processed to update the relevant entries in the birth and death register and to issue the appropriate certificates.
Additionally, the court directed the health officer of the Mangaluru city corporation to process the petitioner’s application within four weeks.
The judge also requested,
“the Law Commission of the Government of Karnataka review the Transgender Act and recommend necessary amendments to the 1969 Act and its associated rules to fully implement the Transgender Act’s intent as soon as possible.”
A Transgender Certificate is an official document given by the government that recognizes someone as a transgender person. In India, the Transgender Persons (Protection of Rights) Act, 2019 sets the rules for getting a transgender certificate. It helps ensure that transgender people have legal recognition and protection.
If a transgender person did not legally change their gender before passing, the death certificate may show the gender assigned at birth.
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However, the family members can request to change the death certificate to match the person’s gender identity. To do this, they will need to provide proof of the person’s gender identity, such as medical records or legal documents. In some cases, a court order or legal procedure may be required to make the change.
For many transgender individuals, getting correct and respectful documents has been a long-standing problem. The need for gender-affirming documents, like a corrected birth or death certificate, has made it difficult for them to fully participate in society, including issues like inheritance rights and social acceptance. This ruling is expected to remove some of these problems, helping transgender individuals and their families get the recognition and respect they deserve.