ISSUE
Whether Vinod, an intersex person, is entitled to change his name and gender in his educational documents, ration card and voter ID?
KEY FACTS
Vinod H.N., the petitioner was born intersex. In his birth documents, this was listed as a medical condition called “severe perianal hypospadasis” (intersex variation).
Vinod identified as male and wanted to change his name from his assigned name to Vinod H.N. in all important documents. He filed a writ petition before High Court seeking a name change. He also submitted his medical records reflecting several medical procedures to indicate sex change.
DECISION & REASONING
The court referred to the decision in Mulla Faizal v. State of Gujarat, which dealt with an intersex person’s right to change their name and gender in the birth register. The Gujarat High Court had held that the authorities responsible for maintaining the birth register were also responsible for any corrections that need to be made to it. Thus, they had ordered the authorities to permit the person to change their name and gender.
Similarly, the Karnataka High Court held that the authorities in-charge must consider Vinod’s application. The Court directed Vinod to make another representation with medical documents as supporting evidence. They insisted that the corrections must be made within three months from the date of representation.
SIGNIFICANCE
The Court maintained that an intersex person could have their medical documentation changed to reflect their self-identified gender.