HC comes to the rescue of trans-man over name change in certificates
CHENNAI: THE Madras High Court has come to the rescue of a trans-man who, despite undergoing a sex change surgery and publishing his new male name in the gazette, could not get the name changed in his BE degree certificate due to absence of any specific rule on this count.
The BE (Computer Science) graduate from Anna University had been running from pillar to post to get his name changed as all his school and college certificates were in his birth name.
But when he applied for a name change in the certificates, the authorities refused, apparently citing the absence of precedence for name change from female to male.
Anna University directed the person to get a certificate from the district magistrate, as per the Transgender Protection of Rights Bill, 2016. As the bill had not been passed, the petitioner was unable to get a certificate and finally moved the Madras High Court.
Justice Pushpa Sathyanarayana observed that the officials should have helped the person rather than citing the absence of rules.
Coming to the rescue of the petitioner, the judge observed that when a transgender undergoes a sex re-assignment surgery and makes an application thereafter for changing the name and sex in the relevant records on the basis of the documents, including medical certificate, the authorities concerned are expected to verify the records and make the changes accordingly.
Merely because the petitioner belongs to the third gender, he or she cannot be made to run from pillar to post on the ground that there are no rules available to permit such changes.
The petitioner has also produced sufficient documents to prove his identity and the authorities ought to have considered his application on merits. In fact, the authorities, in the nature of the present case, should readily extend their helping hand rather than denying the same looking down upon them, the judge remarked.
“In the light of the above facts, this court is of the opinion that the petitioner should be granted the relief sought for and he is entitled to the name mentioned in the certificates to be changed by mentioning the present name, which is on account of sex reassignment surgery performed in an international hospital in Bangkok.
“Subsequent doctor certificates, including the one from a psychologist, also go to show that the petitioner has become a complete male.
“While so, there cannot be any impediment for the authorities to make necessary changes in the school and the college certificates based on the petitioner’s representation dated January 18 last,” the judge said.
*The name of the trans-man has been withheld to protect his identity.