Bhubaneswar: Coming to the rescue of a woman who underwent Sex Reassignment Surgery (SRS) to become a male, the Orissa High Court has directed the state government to change the gender status of the petitioner in the land mutation certificate.
The single bench of Justice A. C. Behera, in an order, directed the government agencies, including the Director of Estates, General Administration Department, Bhubaneswar, to change the name of the petitioner in the mutation certificate and his status/gender therein from “granddaughter” to “grandson” within a fortnight.
The law relating to the protection, safeguard, development, and security of transgender individuals and the duty of the courts towards them, like the petitioner, as per law has already been clarified by the Apex Court, Justice Behera stated in the order, citing the Supreme Court verdict in an identical litigation.
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If a person has changed his/ her sex in the tune with his/ her gender characteristics and perception, which has become possible, because of the advancement in medical science and when that is permitted by in medical ethics with no legal embargo, there is no impediment in legal or otherwise in giving due recognition to the gender identity based on the re-assign sex after undergoing Sex Reassignment Surgery, the Court stated citing the apex Court order.
The petitioner diagnosed with “Gender Dysphoric Syndrome” had undergone “Laparoscopic Assisted Vaginal Hysterectomy with Bilateral Salphingo Oopherectomy”, i.e., a surgical procedure, to remove uterus, cervix, fallopian tubes, breasts, at Appollo Cosmetic Clinic, Chennai 7 January 2019 and after the successful surgical intervention, a certificate series were issued in favour of the petitioner and accordingly, the gender of the petitioner was changed from female to male.
In pursuance of the surgery, the petitioner applied for a certificate as per Rule 6 of The Transgender Persons (Protection of Rights) Rules, 2020, and Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, before the District Magistrate, Cuttack.
After making a due enquiry, the District Magistrate, Cuttack, issued a certificate in favour of the petitioner certifying that the petitioner has undergone medical intervention, i.e., SRS, and the petitioner has changed his gender from female to male, for which he is entitled to change his name and gender in all official documents.
Pertinent to mention here that the petitioner has already made a notification in the gazette of Tamil Nadu state 2 November 2023 in the Tamil Nadu Gazette declaring his changed gender status.
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However, the Director of Estate, General Administration Department, Government of Odisha, Bhubaneswar, later rejected the application for a change in name and gender in the mutation certificate.
Let down by the Director of Estates, the petitioner, as a last resort, moved the High Court based on undergoing reassignment surgery, certificate, PAN Card, identity card, and Aadhaar Card issued by the District Magistrate, Cuttack, and other competent authorities in his favour.