Sex reassignment surgery: Certificate not needed to publish name, gender change in gazette

CHENNAI: The Madras High Court directed the State that insisting on the medical record of a sex reassignment surgery is not needed for the publication of name and gender change to male, female or transgender in the official gazette.

The first division bench comprising Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad wrote, “Since the government has already issued an order doing away with the medical certificate endorsing sex reassignment surgery, self-declaration is sufficient for the publication of gender and name change in the gazette.”

The bench added that it was not necessary to insist upon the ID card issued by the Social Welfare Department while the name or gender change in the gazette. “However, the same would be necessary if any person seeks the benefit of the social welfare schemes,” it stated.

Petitioner TD Sivakumar moved the court seeking to direct the Union government to publish the name and gender change to male, female or transgender in the official gazette without insisting on the medical certificate or ID card in compliance with the SC’s direction.

Advocate B Poongkhulali represented the petitioner and submitted that in compliance with Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020, the medical certificate endorsing sex reassignment surgery could not be sought for. The advocate also cited the SC’s directions in the case of National Legal Services Authority Vs Union of India and Others, 2014, and submitted that the medical certificate or ID card could not be insisted for the publication name and gender change in the official gazette.

The status report filed by the State suggested that documentary proof of the individual’s name, date of birth and father’s name,

ID card by the Social Welfare Department was required for the purpose of publishing the change of name and gender in the gazette.