Orissa High Court Orders Change Of Gender In Mutation Certificate After Woman Undergoes Sex Reassignment Surgery

The Orissa High Court has recently ordered the General Administration Department of the State Government to change the name and gender of a woman in the property mutation certificate after she changed her gender from female to male by undergoing Sex Reassignment Surgery (SRS).Giving relief to the petitioner, the Bench of Justice Ananda Chandra Behera held –“Here, in this matter at hand, when as per Section 7 of the Transgender Persons(Protection of Rights) Act, 2019 and as per Rule-6 of the Trans-gender Persons(Protection of Rights) Rules, 2020, the District Magistrate and other authorities under law have issued certificate, identity card, PAN Card, Passport and Addhar (sic) Card in favour of the petitioner…I find no justification to disallow this writ petition filed by the petitioner.”The petitioner was diagnosed with “Gender Dysphoric Syndrome” for which she underwent Laparoscopic Assisted Vaginal Hysterectomy with Bilateral Salphingo Oopherectomy (LAVH-BSO), which is a surgical procedure to remove certain female organs. Upon the successful SRS, a certificate was issued certifying the change of her gender from female to male.Subsequent to the surgery, the petitioner applied for a certificate from the District Magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 read with Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020. After making an enquiry as per rules, the District Magistrate granted her the requisite certificate.On the basis of such certification, the petitioner was able to change her name from all the official documents like Aadhaar Card, PAN Card, Passport etc. She also made a Gazette publication in this regard and notified the same through a newspaper publication as well.She made a representation before the Director of Estate, General Administration Department, Government of Odisha requesting him to change her name and gender in the mutation certificate of a landed property, which she inherited from her ancestor as a legal heir. However, the same was not accepted by the relevant authority, for which she sent an e-mail reiterating her request, but the same also got bounced back. Therefore, she filed this writ petition seeking the necessary direction to the authority.Justice Behera relied upon the authoritative rulings of the Supreme Court in the case of NALSA v. Union of India (2014) which formally recognised transgender persons as the 'third gender' and ordered socio-economic measures for their protection and upliftment. Reliance was also placed on the recent judgment in Jane Kaushik v. Union of India, 2025 LiveLaw (SC) 1018 which strongly reiterated the rights and entitlements of the transgender community.The Court noted that on the basis of the SRS, the District Magistrate has granted a certificate acknowledging the change of gender of the petitioner. Pursuant to issuance of such certificate, she was also able to change her name and gender from all other government documents like Aadhaar Card, PAN Card and Passport. Thus, the Court found absolutely no reason why the GA Department did not accept the representation for changing her name in the mutation certificate.“Therefore, this writ petition filed by the petitioner is to be allowed and necessary directions can be issued to all the Opposite Parties specifically to the Director of Estate, General Administration Department, Government of Odisha, Bhubaneswar(Opposite Party No.2) for changing the name of the petitioner in Sl. No.4 of Annexue-4 from “Swagatika Das” to “Agastya Das” and his status therein from grand-daughter to grandson,” it ordered.Accordingly, the writ petition was disposed of directing the authority to effectuate the necessary change within a period 15 days from the receipt of certified copy of the order.Case Title: Agastya Das v. State of Odisha & Ors.Case No: W.P.(C) No. 29978 of 2025Date of Judgment: December 23, 2025Counsel for the Petitioner: Ms. Sagarika Sahoo, AdvocateCounsel for the Opposite Parties: Ms. J. Sahoo, Addl. Standing CounselCitation: 2025 LiveLaw (Ori) 172Click Here To Read/Download Order

Orissa High Court Orders Change Of Gender In Mutation Certificate After Woman Undergoes Sex Reassignment Surgery

Jyoti Prakash Dutta

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