Delhi HC admits transgender's plea for name change

Delhi HC admits transgender's plea for name change

New Delhi: The Delhi High Court has decided to examine the plea of a city based transsexual, seeking change of name and gender from male to female in official records.

Justice Manmohan last week issued notice to Union ministry of social justice and empowerment and the Controller of Publications asking for their response to the allegations of the petitioner A (name changed) that her fundamental rights have been violated due to refusal of the authorities to allow her to change name and gender and lead a dignified life.

In her plea filed through advocates Karan Sharma and Rohit Kaliyar, the transsexual informed the court she was diagnosed with gender identity disorder in 2005 and has since been on guided hormone replacement therapy, living as a woman from the time she turned 19.

"Due to duality between petitioner's appeareance, voice, mannerisms, dressing style and her male ID, she has faced discrimination from landlords, potential employers, clients, hotels, airport staff, banks and anywhere she has been required to show ID," the petition says, pointing out this as the primary reason she wants to change name and gender on official records.

But attempts to get name changed proved futile, as per A, because the officials at publications department demanded a certificate stating A had undergone Sexual Reassignment Surgery (SRS). Explaining that current financial condition prevent her from getting the surgery done, the petitioner has pointed out even the Supreme Court clarified that government agencies can't insist on SRS as a pre-condition before allowing change of documents.

Urging HC to order disciplinary enquiry against officials of publications department, A has alleged they discriminated on grounds of sexual identity and caused " immense stress, trauma, humiliation and embarrassment on her visits for the purpose of name change." She has also sought directions to the ministry to constitute a board or committee for certifying A asa transgender so that name and gender change can be published in gazette name change without requirement of any SRS.

A's lawyers further pointed out that even the apex court in National Legal Services Authority vs Union of India had held that each person's self-defined sexual orientation and gender identity is integral to their personality and a person cannot be forced to undergo medical procedures, including SRS or hormonal therapy as a requirement for legal recognition of their gender identity.

Following clearly enunciated principle, the Centre can't refuse her right to change of gender in official records, A added. HC has now posted the case for next hearing on August 16