In a significant ruling affirming the rights of transgender individuals, the Orissa High Court has directed state authorities to correct the name and gender of a transgender man in an official land mutation certificate. The court held that once a changed gender identity is legally recognized, it must be uniformly reflected across all government records.
Court Directs Correction in Land Records
The petitioner, Agastya Das, who had undergone a sex change operation, approached the High Court after facing resistance from the director of estate under the general administration department. His representation, seeking correction in the mutation certificate for a plot of land in Bhubaneswar, was not accepted by the official.
Disposing of the petition recently, a bench presided by Justice A C Behera issued a clear order. The court instructed the director of estate to alter the entry in the mutation certificate from “Swagatika Das as granddaughter” to “Agastya Das as grandson”.
Legal Recognition Must Be Uniformly Applied
In his order dated December 23, Justice Behera noted a critical inconsistency. The district magistrate and other competent authorities had already lawfully issued several documents recognizing Agastya Das as male. These included:
- An official certificate and identity card under the Transgender Persons Act
- PAN card
- Passport
- Aadhaar card
Given this comprehensive legal recognition, the court found “no justification to disallow” the request for a corresponding correction in the land records.
A Journey of Legal and Medical Transition
The case details a profound personal journey. The petitioner was one of the legal heirs for a plot of land measuring 1/12th of an acre in Bhubaneswar's Unit VIII area. The land was mutated in his favour on July 22, 2021, at which time his name was recorded as Swagatika Das.
Subsequently, he was diagnosed with gender dysphoria and underwent gender reassignment procedures at a clinic in Chennai. Following this medical intervention, he applied under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, and Rule 6 of the corresponding 2020 Rules.
After due enquiry, the Cuttack District Magistrate issued a certificate and identity card formally recognizing his gender change from female to male and his new name, Agastya Das. This recognition formed the basis for updating his PAN card, passport, and Aadhaar. He further solidified this change through a gazette notification and a newspaper publication on November 2, 2023.
Court Emphasizes Duty to Protect Dignity and Rights
Justice Behera's order strongly emphasized the judiciary's duty to protect the rights of transgender persons. The court observed that such legal recognition is essential for the enjoyment of fundamental rights relating to property, identity, and personal dignity.
To ensure swift compliance, the High Court directed all concerned authorities to issue a corrected mutation certificate within 15 days of receiving a certified copy of the judgment. This directive underscores the principle that legal recognition of gender identity must be holistic and applicable to all spheres of civic life, including critical property rights.
This ruling from the Orissa High Court sets a vital precedent, reinforcing that administrative procedures must evolve to respect and reflect the legally affirmed identities of transgender citizens, ensuring they can access their rights without discrimination.
