The Orissa High Court directed the Odisha government to update the name and gender of a petitioner in a land mutation certificate after Sex Reassignment Surgery. The Court held that there is no legal impediment in recognising gender identity based on reassigned sex supported by medical and statutory documents.
Coming to the rescue of a person who underwent Sex Reassignment Surgery (SRS) and changed gender from female to male, the Orissa High Court has directed the Odisha Government to update the petitioner’s gender and name in the land mutation certificate.
The case was heard by a Single Bench of Justice A C Behera, who passed an order directing the State authorities, including the Director of Estates, General Administration Department, Bhubaneswar, to correct the petitioner’s details in the mutation certificate.
ALSO READ: Name Change After Sex Reassignment Surgery|| Allahabad HC Questions About Guidelines
The Court ordered that the petitioner’s name must be changed and the gender description must be updated from “granddaughter” to “grandson” within a period of fifteen days.
While passing the order, Justice Behera referred to settled legal principles on the rights of transgender persons and the responsibility of courts to protect their dignity and identity.
The Judge observed that the legal position regarding the
“protection, safeguard, development, and security of transgender individuals and the duty of the courts towards them, like the petitioner, as per law, has already been clarified by the Apex Court”,
while relying on a Supreme Court decision passed in a similar matter.
The High Court clearly stated that medical advancement has made it possible for individuals to align their physical sex with their gender identity, and such changes must be respected by the law.
The Court held,
“If a person has changed his/her sex in tune with his/her gender characteristics and perception, which has become possible because of the advancement in medical science, and when that is permitted by in medical ethics with no legal embargo, there is no impediment in legal or otherwise in giving due recognition to the gender identity based on the reassigned sex after undergoing Sex Reassignment Surgery (SRS)”,
while again relying on the apex court’s ruling.
The petitioner in this case had been medically diagnosed with “Gender Dysphoric Syndrome” and subsequently underwent a surgical procedure known as “Laparoscopic Assisted Vaginal Hysterectomy with Bilateral Salphingo Oopherectomy”.
The surgery involved the removal of the uterus, cervix, fallopian tubes and breasts. The procedure was performed at Apollo Cosmetic Clinic in Chennai on 7 January 2019.
After the surgery was successfully completed, a series of medical certificates were issued in favour of the petitioner, officially confirming that the gender had been changed from female to male. These certificates recognised the petitioner’s reassigned gender and identity following the medical intervention.
Following the surgery, the petitioner applied for a gender certificate under Rule-6 of the Transgender Persons (Protection of Rights) Rules, 2020, read with Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, before the District Magistrate, Cuttack.
After conducting a proper inquiry, the District Magistrate, Cuttack, issued a certificate confirming that the petitioner had undergone medical intervention in the form of SRS and had legally changed gender from female to male.
The certificate clearly stated that the petitioner was entitled to change his name and gender in all official records and government documents.
In further compliance with legal requirements, the petitioner published a notification in the Tamil Nadu Gazette on 2 November 2023, officially declaring the change in gender status.
Despite all valid medical records, statutory certificates, and gazette notification being in place, the Director of Estates, General Administration Department, Government of Odisha, Bhubaneswar rejected the petitioner’s application seeking correction of name and gender in the land mutation certificate.
Aggrieved by the rejection, the petitioner approached the Orissa High Court as a last resort.
The plea was supported by multiple documents, including the Sex Reassignment Surgery certificate, PAN card, Aadhaar card, identity certificate issued by the District Magistrate, Cuttack, and other records issued by competent authorities recognising the petitioner’s male gender.
After examining all documents and the applicable law, the High Court found no justification for denying the petitioner legal recognition of his reassigned gender in land records.
The Court therefore directed the concerned government departments to make the necessary corrections within the stipulated time, reaffirming that gender identity recognised by law and supported by medical and statutory documents cannot be ignored by administrative authorities.
Click Here to Read More Reports On Sex Reassignment Surgery
