From granddaughter to grandson: Orissa High Court asks government to change property document after sex change

The Orissa High Court recently said that all courts have their legal duties to pass orders for the protection, safeguard, development, and security of transpersons, and those who change their characteristics through Sex Reassignment Surgery (SRS).

Justice A C Behera was hearing a plea of the trans man who sought a direction to the general administration department of the state government for changing the name and gender previously mentioned in the documents pertaining to his family property.

“All courts have their legal duties to pass orders for the protection, safeguard, development, and security of transgender/persons, those who change their characteristics through SRS, like the petitioner,” the court observed.

The court highlighted that it was important to pass such orders for their “overall protection, safeguard, right to vote, right to own property, right to marry, right to claim a formal identity through a passport, ration card, driving license, right to education, employment, health, and others”.

While directing the general administration department to make changes, the court said that the law related to the rights and security of transgender individuals is already clarified in many apex court judgments.

The issue arose after the petitioner’s grandfather died and bequeathed a piece of land to the legal heirs, including the petitioner. The petitioner was diagnosed with gender dysphoria and underwent a sex change surgery.

After the SRS, the petitioner applied for a certificate as per Rule 6 (procedure for issuing a certificate of Identity for change of gender) of The Transgender Persons (Protection of Rights) Rules, 2020, and Section 7 (change in gender) of The Transgender Persons (Protection of Rights) Act, 2019, before the district magistrate.

The district magistrate issued a certificate in favour of the petitioner, upon which the different authorities, including the PAN card, Passport, and Aadhar, changed the name and gender of the petitioner.

Thereafter, the petitioner applied to the general administration department and requested for change in name and gender in the mutation certificate, but the department did not accept his representation.

The petitioner, therefore, moved a plea in the high court for changing the name and gender — granddaughter to grandson — in the mutation certificate issued by the authorities.

The court said that as per the law, the petitioner has already been recognised as male in the aforesaid official documents lawfully.

The court ruled that by applying the principles of law enunciated by the apex court in the ratio of the previous decisions, the petition filed by the petitioner is allowed.