Give Instructions For Issuing Revised Certificates To Transgender Persons Showing Changes In Name & Gender : Karnataka HC Directs Govt [Read Judgment]

The High Court of Karnataka has issued a direction to the Principal Secretary of the Education Department to make provisions for changing name and gender of transgender persons in accordance with the judgment of the Supreme Court in NALSA case.

"The Principal Secretary, Education Department, State of Karnataka shall consider the same and issue necessary action to implement the directions of the Hon'ble Apex Court in an expedite manner without driving the transgenders to Court in as much as change of their name and gender is concerned", ordered Justice S Sujatha.

The petitioner in the case (Jeeva M v. State of Karnataka and Ors) was aggrieved by the inaction of the respondents to  his representation seeking change of name and gender in the educational certificates.

The petitioner, a  transgender, wanted a revised SSLC certificate showing the name as "Jeeva" and gender as "male".

The petitioner's counsel Senior Advocate Jayna Kothari submitted that the Department is insisting on Court orders for issuing revised certificates showing the changed name and gender status.

The Government submitted that court orders are insisted in view of lack of guidelines to deal with such cases.

Considering the issue, the Court made reference to the SC judgment in NALSA case, which recognized the right of transgenders to be recognized as persons, and declared their right to self-identify gender.

While the Court directed the consideration of the representation of the petitioner, it also issued a general direction to the Government to issue appropriate circular regarding procedure for name and gender change of transgender persons, so that they can have revised certificates without having to approach courts every time. 

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