A transgender’s plea for change of name and gender from male to female in the official records has led the Delhi High Court to seek the Centre’s response.
Justice Manmohan issued notice to the Ministry of Social Justice and Empowerment and the Controller of Publications seeking their replies on the petition of the city-based transgender who has alleged discrimination by the authorities on ground of her sexual identity and has sought “disciplinary enquiry” against them.
The court also directed its registry to redact the trans-sexual petitioner’s name from the cause title of the case and refer to her as ‘A’. It listed the matter for further hearing on August 16.
The petition claims that “that petitioner is a MtF (male to female) trans-sexual who due to duality between petitioner’s appearance, voice, mannerism, dressing style and her male ID, faces discrimination in the society”.
The petitioner through her lawyer told the court that the department officials have refused to consider her application for change of name without a certificate stating that she had undergone Sexual Reassignment Surgery.
Advocate Harsh Ahuja, appearing for the central government, told the court the issues raised by the petitioner might be covered in the The Rights of Transgender Persons Bill, 2015 which is pending in the Parliament.
The plea said the petitioner was diagnosed with gender identity disorder in 2005 and has since been on hormone replacement therapy. It also claims that she has been living as a woman from the time she turned 19-years-old.
The petitioner has sought directions to the department of publications “to allow and publish in the gazette, name change of petitioner without requirement of any SRS, if needed, subject to certification of board/committee constituted for the purpose”.
The plea has also sought quashing of any guideline of the publications department which mandates sex reassignment surgery before change of gender, as well as directions to the central government “to constitute a board or committee for certifying the petitioner as a MtF transgender”. - PTI
