In a significant ruling reinforcing the legal rights of transgender individuals, the Orissa High Court has directed the state government to alter the gender and name details in property documents for a person who has undergone sex reassignment surgery (SRS). The court emphasized that it is a fundamental legal duty of all courts to pass orders ensuring the comprehensive protection and rights of transpersons.
A Legal Duty to Protect and Uphold Rights
Justice A.C. Behera, presiding over the case, made a powerful observation that resonates as a directive for the judiciary. The court stated that all courts have a legal duty to pass orders for the "protection, safeguard, development, and security of transgender persons, those who change their characteristics through SRS." This duty extends to securing their right to vote, own property, marry, claim formal identity through documents like passports and Aadhaar, and access education, employment, and healthcare.
The bench was hearing a petition filed by a trans man. He sought a directive for the state's General Administration Department to change his name and gender in the records related to his family property. The petitioner's grandfather had bequeathed a piece of land to his legal heirs, which included the petitioner.
The Petitioner's Journey and Legal Hurdle
The case has its roots in the petitioner's personal journey. After being diagnosed with gender dysphoria, he underwent sex reassignment surgery. Following the procedure, he diligently followed the legal process outlined in the Transgender Persons (Protection of Rights) Act, 2019, and its corresponding Rules of 2020.
He applied for and successfully obtained a certificate of identity from the District Magistrate. Based on this certificate, crucial authorities including those managing PAN card, Passport, and Aadhaar updated his name and gender to reflect his male identity.
However, when he approached the General Administration Department to reflect these changes in the mutation certificate for the inherited property, his request was not accepted. This rejection led him to approach the Orissa High Court, specifically pleading for the alteration of his status from 'granddaughter' to 'grandson' in the official property records.
Court's Rationale and Final Verdict
The High Court, in its decision delivered on December 30, 2025, noted that the petitioner had already been lawfully recognized as male in other official documents. The court ruled that the principles established by the Supreme Court of India in previous landmark judgments on transgender rights were squarely applicable to this case.
The court highlighted that existing apex court judgments have already clarified the law concerning the rights and security of transgender individuals. Applying these legal principles, Justice Behera allowed the petition. The court directed the General Administration Department to make the necessary changes in the mutation certificate, thereby legally aligning the property documents with the petitioner's affirmed gender identity.
This judgment underscores the judiciary's role in bridging the gap between progressive legislation, like the Transgender Persons Act, and its implementation on the ground. It serves as a precedent, reminding government departments of their obligation to respect and legally affirm the identity of transgender persons, ensuring their equal access to fundamental rights, including the right to own and inherit property.
