Self-Perceived Gender Identity: Rajasthan High Court Holds Employee Entitled to Changed Name and Gender in Service Record

The petitioner, referred to here as ‘C.P.S.’, was appointed a Physical Training Instructor, Grade III, in 2013 under the general female category, and his service record showed him as female (para 2). After a psychiatrist's evaluation found him fit for sex reassignment surgery, he underwent gender reassignment surgery from female to male between 2014 and 2017, certified by a consultant urologist in 2018 (para 2). He then changed his name through the Official Gazette and on his Aadhaar card, and on 22.09.2018 applied to have his name and gender changed in his service record; more than three years later nothing had been done (paras 2-3). The State's position was that he first needed a civil court declaration (para 5).

Following National Legal Services Authority v. Union of India, the Court said that the right to a self-perceived gender identity is part of the fundamental rights under Articles 14 and 21, and no one may be discriminated against for a gender identity different from that assigned at birth (paras 11-12). Under Section 7, a person who undergoes surgery after a Section 6 certificate may obtain a revised certificate from the District Magistrate and then change the birth certificate and other official documents (para 15). Being social beneficial legislation, the Act cannot be read to defeat its purpose: Section 7 must cover both certificate holders and persons, like the petitioner, who had reassignment surgery before the Act came into force, or many would be left out (para 15). The Act gives effect to Articles 14, 15, 19 and 21 (para 16). The petitioner, who opted for the male gender and underwent surgery, must be recognised as male and is entitled to the correction (para 17); otherwise his wife and children would struggle to obtain his service benefits (para 18).