Surgery certificate not must for publication of gender change: Madras High Court

The bench said authorities shall go by the self-identification made by the applicants for publication of change of name and gender.
The Madras High Court.
The Madras High Court.

CHENNAI: The Madras HC on Thursday directed the Tamil Nadu state government not to insist on producing a sexual reorientation surgery certificate for publication of change of name and sex in the official gazette. The direction was given by the first bench of CJ SV Gangapurwala and Justice J Sathya Narayana Prasad on a petition filed by transgender activist Sivakumar TD.

The bench said authorities shall go by the self-identification made by the applicants for publication of change of name and gender.

The petition, filed in 2019, stated that the secretary of stationery and printing is demanding proof of completion of sexual reorientation surgery, or third gender identity card as a prerequisite for publishing name and gender change but it is in contempt of the law of the land as per the directions issued by the Supreme Court. The procedures followed by the secretary is discriminatory and violative of the right to equal protection of law guaranteed under the Article 14 of the Constitution.

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