Transgender Rights and Related Concerns | 06 Jan 2025

 Source: IE 

Why in News? 

In Ms. X vs State of Karnataka Case, 2024, the Karnataka High Court (HC) held transgender people can change their name and gender on birth certificates. 

• Changing the name and gender on birth certificates of transgenders is explicitly permitted under the Transgender Persons (Protection of Rights) Act, 2019  and Transgender Persons (Protection of Rights) Rules, 2020. 

What are the Key Facts of the Ms. X vs State of Karnataka Case, 2024? 

• Background: The petitioner was diagnosed with gender dysphoria and she underwent sex-reassignment surgery and legally changed her name and gender identity on her Aadhaar card, driving license, and passport. 
  • However, her request to change the gender and name on her birth certificate was rejected. 
  • Gender dysphoria refers to psychological distress that occurs when a person's sex assigned at birth does not match his gender identity. 
• Legal Objection: Section 15 of the Registration of Births and Deaths Act, 1969 permits changes to birth certificates only if the information is erroneous or was entered fraudulently or incorrectly. 
  • Registration of Births and Deaths Act, 1969 governs the granting of birth and death certificates. 
• Violation of Fundamental Rights: The petitioner argued that the restrictive nature of Section 15 of Registration of Births and Deaths Act, 1969 violated her right to life with dignity under Article 21 of the Indian Constitution. 
  • She also claimed that documents showing different identities create a dual identity, leading to potential harassment and discrimination. 
• Transgender Persons (Protection of Rights) Act, 2019: It states that transgender people can be issued a “certificate of identity” as proof of their identity (Section 6) which can be revised if they choose to opt for a sex-reassignment surgery (Section 7). 
  • The law explicitly says the gender of a transgender person “shall be recorded in all official documents” per this certificate.  
• Karnataka HC Ruling: It held that the 1969 Act is a “general enactment” and must comply with the Transgender Persons (Protection of Rights) Act, 2019 which is a “special enactment”. 
  • It invoked the legal principle of “generalia specialibus non-derogant”, which roughly translates to “the special shall prevail over the general”. 
  • The court ruled that the Registrar must accept the transgender certificate and issue a corrected birth certificate until the 1969 Act is amended. 
  • General enactments apply broadly, like the 1969 Act, while special laws focus on specific issues, such as the Transgender Persons Act. 
• Significance: This judgment emphasizes the supremacy of laws specifically designed to protect the rights of transgender individuals over general laws.  
  • It paves the way for the recognition of gender identity in all official records for transgender persons. 

What are the Issues Faced by Transgender in India? 

• Social Marginalization: Transgender individuals face exclusion from society, leading to limited opportunities for social participation, low self-esteem, and isolation.  
  • Public spaces, like restrooms and shelters, often fail to accommodate transgender people, exposing them to harassment, assault, and marginalization. 
• Discrimination in Education: Transgender individuals face bullying and exclusion in education, resulting in higher dropout rates and a literacy rate of 46%, compared to the national average of 74%. 
• Homelessness: Rejection by families and lack of housing options force many transgender youth to live on the streets, facing abuse, mental health issues, and drug use. 
• Transphobia: Transgender individuals are often subjected to violence, harassment, and discrimination due to societal intolerance and transphobia. 
  • Transphobia refers to negative attitudes, fear, hatred, or prejudice against transgender people. 
• Psychological Distress: Transgender individuals experience significant psychological distress, including anxiety, depression, and suicidal thoughts, due to lack of support systems.  
• Public Representation: Negative portrayals of transgender people in the media and public spaces perpetuate stereotypes and fuel societal rejection and violence. 

Way Forward 

• Empowerment and Legal Reform: The government must adopt a more inclusive approach in policy-making, ensuring that transgender people are not excluded from decision-making processes.  
  • This inclusion can help address their grievances and increase opportunities for their public participation. 
• Access to Education: Schools should adopt anti-bullying and anti-ragging policies specifically targeting transgender students to reduce instances of exclusion and harassment. 
• Addressing Social Concerns: The government must ensure that access to essential services such as free legal aid, supportive education, and social entitlements is available at the grassroots level. 
• Economic Opportunities: Providing liberal credit facilities and financial assistance will enable transgender individuals to start their own businesses or careers as entrepreneurs. 

Combating Transphobia: Public education campaigns should aim to reduce societal intolerance and raise awareness about transgender issues, challenging harmful stereotypes and promoting acceptance.