Trans persons need not undergo medical examination or furnish surgery certificate for name/ gender change in gazette: Madras High Court

The Madras High Court Thursday ruled that the Tamil Nadu government cannot insist on medical examination and sex change surgery certificates of transgender persons who wish to get their names and gender changed in the official gazette..A bench of Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad said that the State must rely on self declaration forms and affidavits filed by trans persons and if further identification proof is required, the State can ask for Aadhaar cards and other such valid ID documents from trans persons for official gazette publication.The bench added that the same procedure must also be followed by the Tamil Nadu Social Welfare Department in issuing ID cards to trans persons. .The Court was hearing a PIL filed by Sivakumar TD, a transgender person, seeking directions to the State government to act in accordance with the TN Transgender Persons (Protection of Rights) Rules, 2022 and the Supreme Court's NALSA judgement while issuing ID cards, and extending social welfare benefits to trans persons across Tamil Nadu. In his plea filed through advocate Poonkuzhali, Sivakumar had said that the State authorities, while processing his application seeking publication of changed name and gender in the official gazette for transgender persons across the State of Tamil Nadu, had insisted he submit proof of having undergone sex reassignment surgery (SRS) or a third gender identity document to the effect. This, Sivakumar said, was in breach of the 2022 Rules and the NALSA judgement..On the other hand, the State government informed the Court on Thursday that it had been made aware of such violation and that a Government Order (GO) had already been issued to eliminate the need for a medical examination for issuance of IF certificates to transgender persons. However, the government added that it was only the State Social Welfare Department that needed such SRS certificate or medical certificate for specific IDs that it issues to transgender persons to enable them to avail the several social welfare schemes initiated by the government..The Court however, said that while the Department may demand such certificate from those availing its social welfare schemes, there was no need for SRS certificates and medical examination for mere issuance of ID cards or certificates. "For publishing in the official gazette, any change in name or gender, the medical certificate endorsing sex reassignment surgery may not be sought for. The same would not be in compliance with Section 6 of Transgender Persons Rules, 2020. The status report by the first respondent (TN government) suggests that the social welfare department ID card is enough for transgender persons to avail social welfare benefits. And only for publication of the gender and name change, the said medical certificate should not be insisted upon," the Court said while disposing of the petition..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.