COURTKUTCHEHRY SPECIAL ON PRECEDENT OF TRANGENDERS RIGHTS EXTENDING TO PROPERTY RECORDS
Orissa High Court Upholds Right to Identity: Orders Name and Gender Change in Property Records After Sex Reassignment Surgery
Court Applies Transgender Persons Act, 2019 to Protect Individual Rights
Judgment Strengthens Legal Recognition of Gender Identity in Property and Civil Records
By Our Legal Correspondent
New Delhi: December 30, 2025:
In a landmark ruling, the Orissa High Court directed the state government to change the name and gender of a petitioner in property mutation records after the individual underwent Sex Reassignment Surgery (SRS). The court emphasized that once official identity documents such as Aadhaar, PAN, and passport reflect the new gender, government departments cannot deny corresponding changes in property records.
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This judgment is a significant step in ensuring legal recognition of gender identity and protecting the rights of transgender persons under Indian law.
Case Background
- The petitioner, originally recorded as female, was diagnosed with Gender Dysphoric Syndrome.
- After medical treatment, including Laparoscopic Assisted Vaginal Hysterectomy with Bilateral Salphingo-Oophorectomy, the petitioner transitioned to male.
- Official documents including identity card, PAN, passport, and Aadhaar were updated to reflect the new gender.
- However, property mutation records continued to list the petitioner as “granddaughter” instead of “grandson.”
- The petitioner approached the Orissa High Court seeking correction.
Court’s Observations
- Justice Ananda Chandra Behera noted that under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 and Rule 6 of the Transgender Persons Rules, 2020, individuals have the right to self-identify their gender.
- Once official certificates are issued by the District Magistrate, other authorities must respect and update records accordingly.
- The court cited the Supreme Court’s NALSA judgment (2014), which recognized transgender persons’ right to dignity and identity.
- The refusal to update property records was deemed unjustified and discriminatory.
Implications of the Judgment
1. Legal Recognition of Gender Identity
- Reinforces that gender identity is not limited to medical records but extends to civil and property rights.
2. Administrative Accountability
- Government departments must align property and civil records with updated identity documents.
3. Strengthening Transgender Rights
- Builds on the NALSA judgment and the Transgender Persons Act, ensuring practical enforcement of rights.
4. Social Impact
- Provides relief and dignity to transgender individuals seeking recognition in inheritance, property, and family records.
Broader Context
- NALSA v. Union of India (2014): Supreme Court recognized transgender persons as a “third gender” and affirmed their fundamental rights.
- Transgender Persons Act, 2019: Provides a legal framework for recognition, protection, and welfare of transgender persons.
- Challenges: Despite legal provisions, many transgender individuals face bureaucratic hurdles in updating records.
- Global Perspective: Countries like Canada, Germany, and Argentina allow self-declaration of gender identity, setting progressive examples.
Expert Views
- Legal Experts: The ruling strengthens the enforceability of the Transgender Persons Act and prevents arbitrary denial of rights.
- Activists: It is a victory for dignity and equality, ensuring transgender persons are not excluded from property and inheritance rights.
- Policy Analysts: The judgment highlights the need for sensitization of government officials to avoid discriminatory practices.
Conclusion
The Orissa High Court’s order directing name and gender change in property mutation records after Sex Reassignment Surgery is a landmark step in affirming the rights of transgender persons. By applying the Transgender Persons Act, 2019 and Supreme Court precedents, the court ensured that identity recognition extends beyond personal documents to property and civil records. This ruling strengthens the legal framework for equality, dignity, and inclusion of transgender individuals in India .
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