K Chakra Pani
On 5th April 2024, the Madras High Court ruled that the State cannot compel trans persons to produce medical examination reports and sex reassignment surgery certificate as a record for changing name or gender and publishing them in the official gazette.
A division Bench comprising Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad held that the State must rely on the self-declarations and affidavits submitted by the trans persons and can ask only for the Aadhar ID if required.
The Petitioner, an LGBTQ rights activist claimed that such compulsion was against the rights of the community under Articles 14 and 21 of the Indian Constitution and violated the Supreme Court’s previously established directions in the 2014 NALSA Judgement (2014) 5 SCC 438. The State had requested either a sex reassignment surgery certificate officiated by a medical doctor or a third-gender identity card. This was against the Apex Court’s ruling that gender cannot be linked to a person’s identity and people could perceive themselves however they wanted to.
The Court ruled that such production of documents was not required in case of publishing a change of name or gender. It is completely up to the self-determination of the trans person applying for the same, and no proof is required for such determination. Adopting an individualistic and a societal view to the case, the Bench recognised that people could identify and perceive themselves however they wished and no proof is required to show the same.
Name of case: Sivakumar TD v State of Tamil Nadu, WP 31702 of 2019
Bench: Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad