Landmark decision mandates correction of mutation certificate, upholding the legal rights of transgender individuals post-sex reassignment surgery.
In a landmark ruling, the Orissa High Court has fortified the rights of transgender individuals by directing the Government of Odisha to amend official documents reflecting the gender and name change of Agastya Das, formerly known as Swagatika Das. The judgment, delivered by Justice A.C. Behera, reinforces the provisions under the Transgender Persons (Protection of Rights) Act, 2019, and the guidelines set forth by the Supreme Court in previous landmark judgments.
Agastya Das, who underwent sex reassignment surgery (SRS) and was diagnosed with Gender Dysphoric Syndrome, petitioned the court to update the mutation certificate issued by the General Administration Department of Odisha. The petitioner sought the replacement of the name "Swagatika Das" with "Agastya Das" and the gender status from "grand-daughter" to "grandson."
The court highlighted the critical importance of legal recognition for transgender persons, referencing the Supreme Court's judgments in National Legal Services Authority (NALSA) v. Union of India and Jane Kaushik v. Union of India. These cases underline the duty of the courts to safeguard the rights of transgender individuals, ensuring their ability to enjoy civil rights such as voting, property ownership, marriage, education, and employment.
Justice Behera emphasized that the petitioner, having undergone SRS and possessing the necessary certification from the District Magistrate, Cuttack, is entitled to have his identity legally recognized in all official documents. The court ordered the Director of Estate, General Administration Department, to issue a corrected mutation certificate within fifteen days, acknowledging the petitioner as "Agastya Das" and his gender as "male."
This decision is a significant step forward in the enforcement of transgender rights in India, ensuring that individuals like Agastya Das can live with dignity and equality. Legal recognition is crucial for the realization of fundamental rights, and this judgment reaffirms the judiciary's commitment to protecting the rights of transgender individuals.
Bottom Line:
Legal recognition and rights granted to transgender persons under the Transgender Persons (Protection of Rights) Act, 2019 and corresponding rules, including the right to change name and gender in official documents post-SRS (Sex Reassignment Surgery).
Statutory provision(s): Constitution of India, 1950 Articles 226, 227; Transgender Persons (Protection of Rights) Act, 2019 Section 7; Transgender Persons (Protection of Rights) Rules, 2020 Rule 6
Agastya Das v. State of Odisha, (Orissa) : Law Finder Doc Id # 2829489
