Chennai: When a transgender undergoes a sex re-assignment surgery and makes an application for change of name and sex in the relevant records, the concerned authorities like education officials are expected to verify the records and make consequential changes, said the Madras high court. Such applications from transgenders must be submitted on the basis of various documents including documents issued by the medical officer.
Disposing of a petition from a transgender, Justice Pushpa Sathyanarayana directed the authorities to take into consideration all the certificates produced by him and make appropriate changes in all his relevant records. “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 permitting such changes”, said Justice Pushpa Sathyanarayana.
Born as a female and completing her schooling with good marks, the petitioner had pursued graduation in B.E (Computer Science and Engineering) in Anna University and completed the same in 2012 with distinction. The petitioner, though identified as a female at the time of birth, had always felt and lived like a man. When the petitioner consulted a doctor, he was advised to undergo hormone replacement therapy and psychology test. After completion of the treatment, a surgery was performed and the petitioner was issued a certificate stating he was a transgender and he underwent a sex re-assignment surgery. Later on, he changed his name and published the same in the TN government gazette and is presently employed in a private company as a male.
The certificates from the school to college bear the name of the petitioner prior to the sex re-assignment surgery. The petitioner had approached the authorities to carry out the necessary changes in the certificates and also given written representations. Since they were not considered, the petitioner filed the present plea. The judge said the authorities, in the absence of any precedent or provision, had not complied with the request of the petitioner. The Anna University has directed the petitioner to get a certificate from the district magistrate, as per the Transgender (Protection of Rights) Bill, 2016. As the Bill has not been passed, the petitioner was unable to get a certificate.
The petitioner had produced the doctor certificate certifying that she had been assessed by a psychologist and deemed fit for female to male sex change surgery. The petitioner had also produced the medical certificate from International hospital, Bangkok, certifying that the petitioner suffered from Gender identity Disorder and that a surgery was performed for sex re-assignment.
The petitioner had also produced his Aadhar card obtained subsequently in the present name. The petitioner had 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 added.
