Cuttack: Orissa high court has directed state authorities to correct the name and gender of a transgender person in a land mutation certificate, holding that once the changed gender identity is legally recognised, it must be reflected uniformly in all official records.
The person, who had undergone sex change operation, moved the HC after the director of estate under the general administration department did not accept his representation, seeking correction in the mutation certificate for a plot of land in Bhubaneswar.
While disposing of the petition recently, the bench of Justice A C Behera ordered the director of estate to change the entry in the mutation certificate.
In his Dec 23 order, Justice Behera noted that when the district magistrate and other competent authorities had lawfully issued certificates, identity card, PAN card, passport and Aadhaar card in favour of the petitioner, recognising him as male and there was “no justification to disallow” his request for correction in the land records.
Emphasising the duty of courts to protect the rights of transgender persons, Justice Behera observed that such recognition is essential for the enjoyment of rights relating to property, identity and dignity. The court directed all concerned authorities to issue a corrected mutation certificate within 15 days of production of a certified copy of the judgment.
On the basis of this recognition, his PAN card, passport and Aadhaar card were also updated.