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Kerala High Court Allows Trans Couple as "Parents" on Birth Certificates

Kerala High Court Allows Trans Couple as "Parents" on Birth Certificates

03-06-2025
  1. In a decision on June 2, 2025, the Kerala High Court ruled that a transgender couple can be listed simply as "parents", instead of "mother" and "father," on their child's birth certificate.
  2. This decision is very important for recognizing non-traditional families and gender identity in official documents.

What Was The Case?

  1. The Couple: Zahhad (a trans man) and Ziya Paval (a trans woman) are believed to be Kerala’s first openly transgender couple to have a biological child.
    • biological child = a child born to and genetically related to the parents.
  2. Birth of Child: Their journey gained national attention in February 2023 when Zahhad gave birth, which was a first for India's transgender community.
  3. Initial Certificate Issue: The Kozhikode municipal authorities initially issued a birth certificate listing Zahhad as "mother" and Ziya as "father."
    • However,  There was an issue that Kozhikode municipal authorities ignored their self-identified genders.
  4. Plea Denied: The couple asked to be recognized simply as "parents," but their request was denied by the Kozhikode municipal authorities.
  5. So, This denial led them to approach the Kerala High Court for a solution.

What was the Legal Argument and Court's Decision?

  1. The couple was represented by Padma Lakshmi, Kerala's first transgender lawyer.
  2. Argument for Equality: She argued that refusing their request violated their fundamental right to equality under Article 14 of the Indian Constitution.
    1. Article 14: She stated that Article 14's meaning of "person" is not limited to just male or female, and transgender individuals have rights and legal protection "in all spheres of state activity."
  3. NALSA Judgment (2014) Alignment: They also argued that their request was in line with the Supreme Court’s 2014 NALSA judgment, which supports the rights of transgender individuals to identify their own gender.
  4. High Court's Order:
    1. Justice Ziyad Rahman AA of the Kerala High Court agreed with the petitioners.
    2. The court ordered the Kozhikode civic body to issue a new birth certificate.
    3. The new certificate must remove the columns for "names of father and mother" and instead incorporate the names of the petitioners as "parents" without referring to their specific genders. (The full judgment is still awaited).
       

What were the Reasons for the Couple's Request?
 

  1. Contradiction of Identity: Zahhad, despite giving birth, has identified and lived as male for many years. Forcing them to be labeled "mother" and "father" went against their true identities.
  2. Child's Well-being: The couple feared that using gendered terms (mother/father) would cause their child lifelong confusion and discrimination in important situations like:
    • School admissions.
    • Getting official documents like Aadhaar, PAN cards, and passports.
  3. Scientific Contradiction: Their petition highlighted the "scientific contradiction" of a male (Zahhad identifying as male) giving birth, which led them to request the simple term "Parent."
     

What is the Significance of the New Ruling? 
 

  1. This ruling sets an important precedent (a new standard for future cases) in India.
  2. Moreover, It strongly supports the rights of transgender individuals and their families to self-identify their gender and have that identity officially recognized.
  3. Additionally, The court also upheld that denying gender-neutral recognition would violate the child's fundamental rights, as well as the parents' rights.
  4. So, This decision marks a significant moment in the legal recognition and acceptance of diverse family structures in official documents in India.

 

Who are Transgenders?

  1. The term 'Transgender' refers to individuals whose gender identity or expression differs from that usually associated with their sex assigned at birth.
  2. This includes trans-men, trans-women, persons with intersex variations, and gender-queer individuals.
  3. In India, historically, this community is also referred to by socio-cultural identities like Hijras, Kinnars, Aravanis, Jogappas, and Shiv-Shaktis.
  4. Global Population: Globally, this group constitutes a significant minority, estimated to be around 25 crore people.
  5. Sex vs. Gender:
    1. Sex: Refers to the biological and physiological characteristics (e.g., chromosomes, genitalia) that define men and women.
    2. Gender: Refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women. (Reference: WHO)

Historical Context and Global Recognition

  1. Germany's Example:
    1. Germany's journey highlights the transition from persecution to legal recognition of same-sex marriages.
    2. Starting with civil partnerships in 2001, it took 16 years for full marital rights.
    3. This demonstrates a gradual, but firm, move towards inclusivity, joining countries like Spain, France, and Britain.

What is Status of Transgenders in India

  1. Historically, transgender persons did not enjoy legal recognition as a distinct gender category in India.
  2. But Some states, like Tamil Nadu, Kerala, and Odisha, were early in recognizing transgenders as the "third gender."
  3. According to Census 2011, there were approximately 4.87 lakh (487,803) people who identified as transgender in India.
  4. Uttar Pradesh had the highest concentration (around 28.18% of the total transgender population).

What are the Steps Towards Transgender Rights in India

India has taken significant steps, primarily driven by judicial pronouncements and subsequent legislation:

  1. NALSA v/s Union of India, 2014 (Supreme Court Judgment): This was a landmark ruling that provided a framework for recognizing transgender rights.
    1. Right to Self-Identification: The SC recognized the right to choose one’s gender as part of the right to life and live with dignity (Article 21).
      • It stated that gender identity is an "innate perception" and no medical examination is needed for self-identification.
    2. "Third Gender" Recognition: The Court directed the government to include "third gender" in all official documents/forms, thereby recognizing transgenders (excluding lesbian, gay, and bisexual individuals from this specific definition of "third gender" in this context) as a distinct legal category.
    3. Reservation: It suggested avenues for reservation within the OBC quota for this "marginalized" section, recognizing them as a socially and educationally backward class.
      • (Odisha became the 1st state in June 2016 to provide social welfare benefits, but demands for job/electoral reservations are ongoing).
    4. Moreover, there was a suggestion to set up a commission to protect their rights, similar to the National Commission for SC/STs.

Legislative Action: The Transgender Persons (Protection of Rights) Act, 2019

Following the NALSA judgment, India enacted the Transgender Persons (Protection of Rights) Act, 2019, which came into effect in January 2020.

  1. Definition of Transgender Person:
    1. The Act defines a transgender person as one whose gender does not match the gender assigned at birth.
    2. It includes trans-men, trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities such as Kinnar and Hijra.
  2. Right to Self-Perceived Gender Identity:
    1. The Act allows a transgender person to obtain a certificate of identity from the District Magistrate based on their self-perceived gender identity, without requiring any medical examination.
    2. A revised certificate can be obtained if an individual undergoes surgery to change their gender (male/female).
  3. Prohibition Against Discrimination: The Act prohibits discrimination against transgender persons in various areas, including:
    1. Education
    2. Employment
    3. Healthcare
    4. Access to public facilities and services
    5. Right to reside in their household
  4. Welfare Measures: The government is mandated to take steps for the welfare of transgender persons, including:
    1. Rescue and rehabilitation
    2. Vocational training and self-employment
    3. Gender-sensitive schemes
    4. Review of medical curriculum and comprehensive medical insurance schemes.
  5. National Council for Transgender Persons (NCT):
    1. The Act establishes the NCT to advise the Central Government on policies, programs, and legislation for transgender persons, and to monitor and evaluate their impact.
  6. Offences and Penalties: The Act recognizes certain offences against transgender persons, such as:
    1. Forced or bonded labor
    2. Denial of use of public places
    3. Removal from household/village
    4. Physical, sexual, verbal, emotional, or economic abuse
    5. Penalties for these offences range from six months to two years imprisonment and a fine.

 

ENSURE IAS Mains Question

Q: Discuss the significance of the Kerala High Court’s 2025 ruling allowing transgender couples to be listed as "parents" on birth certificates. How does this decision reflect broader developments in transgender rights in India?

( 250 words )

ENSURE IAS Prelims MCQ

Q: Consider the following statements about the Kerala High Court’s 2025 ruling on birth certificates for transgender couples:

  1. The court allowed transgender couples to be listed as "parents" instead of "mother" and "father" on birth certificates.
  2. The ruling was based on the fundamental right to equality under Article 14 of the Indian Constitution.
  3. The ruling legalizes same-sex marriage in India.

How many statements given above are correct?
 A) Only One
 B) Only Two
 C) All Three
 D) None

Answer: B

 

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