Daily Current Affairs : 4-January-2025
In a significant ruling, the Karnataka High Court affirmed the rights of transgender individuals to change their name and gender on their birth certificates. This ruling is in line with the Transgender Persons (Protection of Rights) Act, 2019, which protects the rights of transgender people, including their right to self-identify. The court’s decision highlights the process for making these changes official through government authorities.
Court Judgment Highlights
- Case Reference: Ms. X vs State of Karnataka (2024)
- Court’s Decision: The Karnataka High Court upheld the provisions of the 2019 Transgender Act, calling it a special law that takes precedence. The court directed that the Registration of Births and Deaths Act (1969) must be updated to align with this law.
- Action for Authorities: The Registrar of Births and Deaths must issue corrected birth certificates once an individual presents an identity certificate confirming their gender identity.
Procedure for Changing Name and Gender
Eligibility Criteria:
- The individual must identify as transgender.
- A formal affidavit declaring the person’s gender identity must be filed with the District Magistrate (DM).
- If the change is related to post-surgery status, a medical certificate from a certified medical officer is required.
Steps for Applying:
- Application for Identity Certificate:
- Transgender individuals must submit an affidavit to the District Magistrate (DM) confirming their gender identity.
- The DM issues an identity certificate and transgender identity card within 30 days.
- Revised Identity Certificate After Surgery:
- For those undergoing sex-reassignment surgery, a medical certificate from the Chief Medical Officer or Medical Superintendent is necessary.
- The DM will process this application within 15 days.
Updates in Official Documents
Once the identity certificate is issued, transgender individuals can use it to update other official documents:
- Documents Affected: Aadhaar card, passport, birth certificate, and other legal papers.
- Time Frame for Changes: These updates must be processed within 15 days of the application submission.
Important Points:
- Karnataka High Court Ruling (2024): Transgender individuals can now change their name and gender on birth certificates.
- Transgender Persons (Protection of Rights) Act, 2019: Court upheld the law, directing compliance with it under the Registration of Births and Deaths Act (1969).
- Officials Involved:
- District Magistrate (DM) processes applications for identity certificates.
- Registrar of Births and Deaths issues corrected birth certificates based on the identity certificate.
- Eligibility Criteria:
- Must identify as transgender and submit an affidavit to the DM.
- For post-surgery revisions, a medical certificate is required.
- Application Procedure:
- For Identity Certificate: Submit an affidavit to the DM; the DM issues the identity certificate and transgender identity card within 30 days.
- For Post-Surgery Revisions: A medical certificate from a recognized authority is required; the DM processes changes within 15 days.
- Updates to Official Documents:
- Use identity certificates to update Aadhaar, passport, or birth certificates.
- Changes must be processed within 15 days of the application submission.
Why In News
The Karnataka High Court ruled that transgender individuals can change their name and gender on their birth certificates, reinforcing the Transgender Persons (Protection of Rights) Act, 2019, and further ensuring the legal recognition of their self-identified gender. This landmark decision empowers transgender people to align their official records with their gender identity, promoting dignity and equal rights.
MCQs about Transgender Rights: Birth Certificate Updates
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What was the key ruling of the Karnataka High Court in 2024 regarding transgender individuals?
A. Transgender individuals can legally marry someone of their choice.
B. Transgender individuals can change their name and gender on their birth certificates.
C. Transgender individuals can be exempted from paying taxes.
D. Transgender individuals can apply for government jobs without restrictions.
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Who is responsible for issuing the corrected birth certificates for transgender individuals in Karnataka?
A. The Chief Medical Officer
B. The District Magistrate (DM)
C. The Registrar of Births and Deaths
D. The State Government
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What must transgender individuals submit to the District Magistrate (DM) to change their name and gender on official documents?
A. A medical certificate
B. A police clearance
C. An affidavit declaring their gender identity
D. A court order
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How long does the District Magistrate (DM) have to process an application for a transgender identity certificate?
A. 7 days
B. 30 days
C. 45 days
D. 60 days
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