SPECIMEN AFFIDAVIT FOR CHANGE IN NAME

(On non-judicial stamp paper of minimum value)

I Mr. ……………………….. S/o ………………………………… aged about ____________ yrs, resided

at………………………………. Do hereby solemnly affirm and sate a follows:

1. That my recorded name in school and college is ______________(YOURNAME), but I myself

popularly known as _________________(New name).

2. That by virtue of this affidavit, I changed my name from YOURNAME (old name) to
CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new
name) for all purposes.

3. That for the purpose of evidencing such my determination declare that I shall at all times
hereafter in all records, deeds and writings and in all proceedings, dealings and
transactions, private as well as upon all occasions whatsoever, use and sign the name of
………………… as my name/surname in place and in substitution of my former
name/surname.

4. That the facts stated above are true to the best of my knowledge and belief.

5. In witness whereof I have hereunto subscribed my former and adopted name/surname of

………….. snd ……… affix my signature and seal, if any, this ………………….. day of ………

Signed sealed and delivered by the above name

Date…………….

Former name……………

In the presence of:

Name……………….. Name ………………….

Address……………. Address ………………..

(This affidavit may be signed and attested in presence of a Judicial Magistrate or Executive
Magistrate/Notary Public or Consular Officer in an Indian Mission abroad)

Note: In case of change of name, applicant should insert advertisements in two reputed
newspapers (one local newspaper of the area in which he/she is residing and 2nd in
newspaper of the area of permanent address) and submit original newspapers at the time of
applying to Institute.
 FORM NCLAT- 1
[See Rule 22]
Memorandum of Appeal Preferred under Section 421 of
The Companies Act, 2013
IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
AT NEW DELHI
APPELLATE JURISDICTION
APPEAL NO. _____OF 20---
CAUSE TITLE
Between
A.B. ………..Appellant (s)
And
C.D. ………..Respondent(s)
[including appropriate commission/adjudicating officer ]
(with short address )

1. Details of Appeal
[Appeal under section 421 of the Companies Act, 2013 against impugned order of the
National Company Law Tribunal Order dated ……..passed under section ………………of the
Companies Act, 2013.

2. Date on which the order appealed against is communicated and proof thereof, if any.

3. The address of the appellant for service is as set out hereunder:

i) Postal address including PIN code
ii) Phone number including mobile number.
iii) E-mail
iv) Fax No.
v) Address of Legal Representative with Phone No., Fax No., e-mail

4. The address of the respondents for service of all notices in the appeal are as set out
hereunder:
i) Postal address including PIN code
ii) Phone number
iii) E-mail
iv) Fax Number
v) Mobile Number
vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.

5. Jurisdiction of the Appellate Tribunal

The appellant declares that the subject matter of the appeal is within the jurisdiction of this
Tribunal.

6. Limitation
The Appellant/s declare that the appeal is within the period specified in sub-section (3) of
section 421 of the Act. (Explain how the appeal is within the period prescribed in case the
appeal is preferred after the expiry of 45 days from the date of order/direction/decision
against which this appeal is preferred). In case the appeal barred by limitation, the number
of
days of delay should be given along with interlocutory application for condonation of delay.
7. Facts of the case
The facts of the case are given below:
(Give here a concise statement of facts in a chronological order followed by elaboration of
issues including the question of law arising in the appeal. Each paragraph should deal with,
as far as possible a separate issue.)

8. Formulate (i) the facts in issue or specify the dispute between the parties and (ii) summarize
the questions of law that arise for consideration in the appeal:
(a) Facts in issue
(b) Question of law

9. Grounds raised with legal provisions

10. Matters not previously filed or pending with any other court
The appellant further declares that the appellant had not previously filed any writ petition or
suit regarding the matter in respect of which this appeal is preferred before any court or any
other authority nor any such writ petition or suit is pending before any of them.

[In case the appellant previously had filed any such writ petition or suit, the stage at which it
is pending and, if decided, the outcome of the same should be specified and a copy of the
order should also be annexed].

11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied
upon.

12. Details of Interim Application, if any, preferred along with appeal.

13. Details of appeal/s, if any preferred before this Appellate Tribunal against the same
impugned order/direction, by Respondents with numbers, dates… and interim order, if any
passed in that appeal (if known).

14. Details of Index

[An index containing the details of the documents in chronological order relied upon is
enclosed].

15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer,
Ministry of Corporate Affairs, New Delhi.

In respect of the fee for appeal.

Name of the Bank _____________________Branch, ________ payable at Delhi. DD No.
_________________Date.

16. List of enclosures:

1.
2.
3.
4.

17. Whether the order appealed as communicated in original is filed? If not, explain the reason
for not filing the same.
18. Whether the appellant/s is ready to file written submissions/arguments before the first
hearing after serving the copy of the same on Respondents.

19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all
respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition
to payment of prescribed process fee.

20. Any other relevant or material particulars / details which the appellant(s) deems necessary to
set out:

21. Reliefs Sought

In view of the facts mentioned in para 7 above, points in dispute and questions of law set out
in Para 8, the appellant prays for the following relief (s) :
a)
b)
c)

Dated at ____________________this ________day of __________200 .

Counsel for Appellant(s) Appellant (s)

DECLARATION BY APPELLANT
The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed
or suppressed and further declare(s) that the enclosures and typed set of material papers relied
upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true
translation thereof.
Verified at ________________on this at ____________day of ___________20---.
Counsel for Appellant (s)
APPELLANT(S)

Verification
I _____________________(Name of the appellant ) S/o. W/o. D/o. [ indicate any one, as the case
may be ] ___________ age_______________ working as _______________in the office of
_______________resident of _____________do hereby verify that the contents of the paras
_________ to ________________are true to my personal knowledge/derived from official record)
and para _______________to ___________are believed to be true on legal advice and that I have
not suppressed any material facts.

Date :
Place :
Signature of the appellant or authorized officer
 SPECIMEN FORM OF REVISION
In the High Court of……………………
Civil Appellate Jurisdiction
Civil Revision No…………………… of 20….
IN THE MATTER OF:
ABC S/o…………………… R/o…………………………………………
…Petitioner
Versus
XYZ S/o…………………… R/o…………………………………………
…Respondent
AND
IN THE MATTER OF:
CIVIL REVISION AGAINST THE ORDER DATED…………………… PASSED BY THE LEARNED
SUB-JUDGE, IST CLASS…………………… IN THE SUIT ENTITLED ABC -VS.- XYZ (CIVIL SUIT
NO. …………………… OF 20….)
May it please the Hon'ble Chief Justice, High Court of…………………… and his companion Justices.
The petitioner MOST RESPECTFULLY SHOWETH:
A. That the petitioner named above has filed a suit against the respondents for the recovery of
possession of a house situated in……………………, fully described in the plaint. The suit is
pending in the court of Sub-Judge Ist Class…………………… and the next date of hearing
is……………………
B. That on being summoned the respondent appeared before the court below and filed his written
statement wherein he denied the petitioner's title set up in the suit property.
C. That the trial court framed issues on……………… and directed the petitioner (plaintiff) to produce
evidence, upon which the petitioner promptly furnished to the court below a list of witnesses and
also deposited their diet expenses etc., making a request that the witness be summoned by that
Court.
D. That on a previous date of hearing that is……………………, 200…, two witness of the petitioner
had appeared and their statements were recorded. However, the learned Presiding Officer of the
court below passed an order that the remaining witnesses be produced by the petitioner-plaintiff
on his own without seeking the assistance of the court. This order was passed despite a request
by the petitioner that at least those witness named in the list who are State employees should be
summoned by the court, as they are required to produce and prove some official records.
E. That on the next date of hearing the learned trial court by the order impugned in this revision
closed the evidence of the petitioner-plaintiff on the ground that the remaining witnesses were not
produced by him.
F. That the impugned order has caused great prejudice to the petitioner and if the same is allowed
to stand the petitioner's suit is bound to fail.
G. That the trial court has unjustifiably denied assistance of the court to the petitioner-plaintiff to
secure the attendance of his witnesses. The interests of justice demand that he is provided with
all legal assistance in this regard.
In the facts and circumstances discussed above the petitioner prays that this Hon'ble Court be
pleased to quash and set aside the order under revision and direct the court below to provide assistance
of the court for summoning the plaintiff-witnesses.
PETITIONER
 IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(ORIGINAL JURISDICTION)
W.P. No. _____/ 2017

BETWEEN

Ms. X
Aged 34 Years
Residing at: Guliga Ajja Kall Karkera Garden
Near Janatha Kendra, Bolar
Mangalore
Dakshin Kannada District,
Karnataka- 575001 …PETITIONER

AND

1. The State of Karnataka

Department of Law,
Ground Floor, Vidhana Soudha,
Bangalore 560001
Through the Principal Secretary

2. The Health Officer/Registrar of Birth & Death Certificate

Mangaluru City Corporation,
M.G Road, Lalbaug
Mangaluru … RESPONDENT

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

The Petitioner submits as follows:

1. The present petition has been brought by the Petitioner who is a transgender

person challenging Section 15 of The Registration of Births and Deaths Act, 1969

and Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999,

which provide that correction in a birth certificate can only be made in

accordance with the rules framed by the State Government if it is proved to the

satisfaction of the Registrar that the entry was made fraudulently or incorrectly, or
 is erroneous in form or substance. It makes no provisions for an alteration on

account of any voluntary act for change in name and gender by a transgender

person. It is, therefore, contended that Section 15 of the Registration of Births &

Deaths Act, 1969 violates the Right to Life and Gender Identity of the Petitioner

guaranteed under articles 21 and 19 of the Constitution. The impugned Section

and Rule should be read down so as to include the option of change of name and

gender by a person voluntarily. The Petitioner is also approaching this Hon’ble

Court against the inaction of the 2nd Respondent in not issuing to the Petitioner a

new birth certificate reflective of her change of name and gender identity. This is

in complete violation of the fundamental rights to life, equality and gender identity

of the Petitioner and her right to live a dignified life and to have her privacy

protected under Articles 14, 15, 19(1)(a) and 21 of the Constitution respectively.

Being thus aggrieved by the inactions of the Respondents No. 1 to 5, the

Petitioner has filed this petition.

2. The name of the petitioner has been concealed in order to protect the privacy of

the petitioner and the petitioner has filed the present petition under the alias of

“Ms. X”.

Brief Facts:

3. The Petitioner is a male-to-female transgender person. She was born male on

06/04/1983 and named Bharath Raj at birth.

(A Copy of the Petitioner’s certificate of Birth bearing Registration No. 557,

registered on 20.04.1983 recording the date of Birth, gender and name assigned

to the petitioner at birth is annexed hereto and marked as ANNEXURE-A)

4. The Petitioner is also a person belonging to the Billava Community, which has

been recognised as a Backward Class by the Government of India, Ministry of

Welfare under Serial No. 155.

(A copy of the Petitioner’s OBC Certificate dated 31.05.2013 bearing No.

N132615512 has been annexed hereto and is marked as ANNEXURE-B)

5. The Petitioner completed her schooling and passed her S.S.L.C. examination in

March 2000 and was awarded a S.S.L.C. Certificate by the Karnataka Secondary

Education Examination Board, on 30.05.2000. She then completed her Pre-

University Education from St. Aloysius PU College, Mangalore, and was awarded

a Pre-University Education Pass Certificate by the Respondent No. 3,

Department of Pre-University Education, Government of Karnataka on

26.05.2002.

(A Copy of the Petitioner’s S.S.L.C. certificate with register number 507906 dated

30.05.2000 is annexed herein and marked as ANNEXURE – C)

(A Copy of the Petitioner’s Pre-University Education Pass Certificate with register

number 600125 dated 26.05.2002 is annexed herein and marked as

ANNEXURE – D)

6. It is submitted that in the Birth Certificate of the Petitioner issued by Respondent

No. 2 the name of the petitioner has been recorded as Bharath Raj and the sex

of the Petitioner has been recorded as male.

7. The Petitioner has self-identified as female since a young age. Being conflicted

with her birth gender as male and her gender identity as female, she wished to

undergo Sex-Reassignment Surgery. The Petitioner had subjected herself to

psychological evaluation at the KMC Hospital on 16.07.2007 and was found

suffering from Gender Dysphoria. The concerned Consultant Psychologist had

recorded that there was no psychiatric contradiction for sex re-assignment

procedures in the case of the petitioner. The Petitioner had further undergone

Psychiatric evaluation at the Victoria Hospital, Bangalore wherein she had stated

that she felt like a girl in her body. The same observations of no psychiatric

contradiction for sex re-assignment procedures in the case of the petitioner were

made and the Petitioner was stated to be fit for Sex Re-assignment Surgery.

Subsequently, on 17.04.2009, at 25 years of age, she underwent Sex-

Reassignment Surgery from male to female at the A J Hospital & Research

 Centre, Mangalore. She was admitted to the hospital on 13.04.2009 and

discharged on 02.05.2009. She successfully underwent Neovaginoplasty and

urethroplasty after phallus reduction and orchidectomy. In addition, the Petitioner

also underwent bilateral breast augmentation with implants and facial

feminization procedure.

(A copy of the Certificate issued by the Consultant Psychiatrist, Dr. V.K. Bhat of

the KMC Hospital dated 16.07.2007 issued to the Petitioner is annexed hereto

and marked as ANNEXURE –E)

(A copy of the Certificate issued by the Consultant Psychiatrist, of the Victoria

Hospital dated 16.06.2008 issued to the Petitioner is annexed hereto and marked

as ANNEXURE –F)

(A Copy of the Petitioner’s Discharge Summary from A.J. Hospital & Research

Centre dated 22.05.2009 is annexed herein and marked as ANNEXURE – G)

8. It is submitted that the Petitioner has changed her name from Bharath Raj to Ms.

X. She had executed an Affidavit dated 22.02.2008 on a Certified Certificate for a

sum of Rs. 20 issued by the Corporation Bank on Behalf of the Government of

Karnataka recording her change of name and gender. She had subsequently

executed an Affidavit with Certificate No. In-KA89656380616444L dated

03.06.2013 stating that the Petitioner had undergone sex- re-assignment surgery

and had relinquished her previous identity of Bharath Raj and adopted the

identity of a female with her name as Ms. X. The Affidavit was notarized at

Mangalore on 03.06.2013. The Petitioner subsequently issued a public notice

regarding the change of name in two newspaper publications, one in English and

the other in the local vernacular language, Kannada. The public notice was

issued in English in the Hindu edition dated 24.03.2008 and in Kannada in the

Vijaya Karnataka edition also dated 24.03.2008.

(A copy of the Stamp Certificate for Rs. 20 dated 22.02.2008, recording the name

and gender change of the Petitioner is annexed hereto and marked as

ANNEXURE- H)
 (A copy of the Affidavit of the Petitioner dated 03.06.2013 recording name and

gender change is annexed hereto and marked as ANNEXURE- J)

(A Copy of the public notice issue in the Hindu dated 24.03.2008 is annexed

hereto and marked as ANNEXURE – K)

A copy of the public notice issued in the Vijaya Karnataka edition dated

24.03.2008 is annexed hereto and marked as ANNEXURE – L)

9. Pursuant to the Petitioner having undergone sex re-assignment surgery and

change in name and gender, she has been issued an Aadhaar Card, a passport,

a Permanent Account Number (PAN), a passport and a Driving license bearing

the current name and gender identity (female) of the Petitioner. It is therefore

submitted that the identity of the Petitioner for all purposes is Ms. X who is a

female in all government records barring the birth certificate of the Petitioner.

(A copy of the Petitioner’s Aadhaar Card bearing No. 905824672024 dated

19.09.2012 is annexed herein and is marked as ANNEXURE – M)

(A copy of the Passport Number R1218130 issued to the Petitioner on

26.05.2017 at Bengaluru is annexed hereto and marked as ANNEXURE- N)

(A copy of the PAN No. ADDPU8583C issued to the petitioner is annexed hereto

and marked as ANNEXURE- P)

(A copy of the Driving License bearing No. KA1920140018104 issued to the

Petitioner on 19.09.2014 is annexed hereto and marked as ANNEXURE – Q)

10. It is submitted that the Petitioner’s birth certificate still bears her old name and

gender identity, Bharath Raj (male), and is hence inconsistent with her present

name and gender identity, the Petitioner having transitioned to the female

gender. However, the government identification documents of the Petitioner bear

her true name and gender identity as adopted subsequent to her transition. This

inconsistency in legal documentation prior to her sex-reassignment surgery, and

her present legal identity, which is also reflected in government identification

documents results in grave inconvenience and hardship to the Petitioner. It leads

 to a dual life, one on documentation and one in reality, and this is and can be in

the future a cause for harassment and discrimination against the Petitioner.

11. Pursuant to the Petitioner having undergone Sex Reassignment Surgery, the

Petitioner, seeking to prevent such harassment, embarrassment or

discrimination, sent a representation to the 2nd Respondent requesting that the

name and sex of the Petitioner on her birth certificate be changed to reflect her

current name and gender (female). However, 2 nd Respondent has not responded

nor has he taken any action pursuant to such representation for the change of

the Petitioner’s name and gender on the birth certificate.

(A copy of the Application sent by the Petitioner to the Respondent requesting

change in name and gender on the birth Certificate is annexed hereto and

marked as ANNEXURE – R)

(A copy of the acknowledgment receipt for the Application of the Petitioner dated

13.11.2017 is annexed hereto and marked as ANNEXURE – S)

12. It is submitted that the Registration of Births and Deaths Act 1969 (“Act”) is also

extremely restrictive to the kind of changes that can be made in one’s birth

certificate. Section 15 of the Act provides that the Registrar may only alter an

entry of a birth in the register if the same is erroneous in form or substance or

has been made fraudulently at the time of birth. The Section therefore precludes

changes that have been undergone owing to sex change operations as falling

within the purview of the Act.

(A copy of the Registration of Births and Deaths Act, 1969 is annexed hereto and

marked as ANNEXURE – T)

13. Further, under Rule 11(4) of the Karnataka Registration of Births & Deaths Rules,

1999 formulated under the Act states that, “If any person asserts that any

entry in the register of births and deaths is erroneous in substance, the

Registrar may correct the entry in the manner prescribed under section 15

upon production by that person a declaration setting forth nature of the

 error and true facts of the case made by two credible persons having

knowledge of the facts of the case.”

(A copy of the Karnataka Registration of Births and Deaths Rules, 1999 is

annexed hereto and marked as ANNEXURE – V)

14. However, the Law Commission of Karnataka published its 24 th report on

20.07.2013 wherein it has been recorded that that a citizen has the right to

change the name registered in the birth register and be identified with reference

to the name of one’s own choice. Forcing an individual to be identified with the

name assigned to them by others would be a curtailment of their Right to Life as

guaranteed by Article 21 of the Constitution as the name is an expression of the

identity of a person. The Law Commission of Karnataka in its 24 th report had

therefore in paragraph 25 recommended as under:

“As Section 15 provides only for correction or cancellation of the entry in

the register of births and deaths and does not provide of effecting change

of name, the Commission is of the opinion that in the interest of the general

public desiring to change their name the Act should be suitable amended

empowering the State of Karnataka to prescribe a proper procedure for

effecting change of name entered in the register of births and deaths

maintained under the Act.”

This recommendation could be read so as to include the change in one’s gender

identity as well.

(A copy of the 24th Report of the Law Commission of Karnataka dated

20.07.2013 has been annexed hereto and marked as ANNEXURE-W)

15. It is submitted that the Petitioner wishes to enter into a marriage with a Dutch

national in the Netherlands and in order for her to be able to enter into a legally

valid marriage requires a copy of her Birth certificate recording her current name

and gender. The Petitioner would be severely disadvantaged and suffer great

personal loss and hardship and would be unable to marry the person of her
 choice if the change in name and gender identity are not carried out on her Birth

Certificate.

16. Being aggrieved by the inaction of the 2nd Respondent in not issuing a new birth

certificate to the Petitioner reflective of her name change and gender identity

despite her representation, and in having no other alternative and equally

efficacious remedy, the Petitioner has filed the present writ petition before this

Hon’ble Court. The Petitioner has not filed any other Petition either before this

Hon’ble Court or any other Court in respect of this course of action. The Petition

is filed on the following, among other grounds:

GROUNDS:

17. THAT the Petitioner has the right to a change of her name and gender identity

and the inaction on the part of the Respondents in carrying out such change and

the text of Section 15 of the Act and Rule 12 (4) of the Rules in limiting such

change only to errors or fraud is unconstitutional as it violates the Petitioner’s

right to life and liberty guaranteed under Article 21 of the constitution.

18. THAT a Division Bench of the Hon’ble High Court of Gujarat in Mulla Faizal @

Fazilabanu Suleman Ibrahim Vs. State of Gujarat & Ors. 2000 SCC OnLine

Guj 31, allowed the appeal filed by the appellant who was claiming change of

entry in the Register of Births regarding his sex on the basis that he was born as

a natural male child, but his identity had been confused owing to the fact that his

penis was concealed at the time of birth. The Hon’ble High Court held that

Section 15 of the Act provides that a change can be made if it is proved to the

satisfaction of the Registrar that any register kept by him under this Act is

erroneous in form or substance…and in giving such an expansive interpretation

directed the authorities to conduct an enquiry and change the name and sex of

the Petitioner.
19. THAT the Hon’ble Supreme Court in National Legal Services Authority v.

Union of India (2014) 5 SCC 438 (hereinafter referred as “NALSA”) recognized

the right of persons to self-identify their gender as man, woman, transgender or

other identified categories. Noting gender identity to be one’s deeply felt internal

and individual experience of gender, the Hon’ble Court recognized that this

includes “the personal sense of the body which may involve a freely chosen,

modification of bodily appearance or functions by medical, surgical or other

means and other expressions of gender, including dress, speech and

mannerisms.” Therefore, a change in the name and gender as assigned at birth

and recorded on the birth certificate is essential to transgender persons leading a

dignified life, for to deprive them of the option to get their Birth Certificate altered

to reflect their true name and gender does not only impose an arbitrary condition

contrary to the decision in NALSA (supra), but also subjects them to a life

without their true identity and is thus violative of Articles 14, 19 and 21 of the

Constitution.

20. THAT the Hon’ble Supreme Court in NALSA recognized the discrimination faced

by transgender persons and ruled that discrimination on the ground of gender

identity violates Article 14 of the Constitution by impairing equality before law and

the equal protection of the law. The Hon’ble Supreme Court noted that,

“(d)iscrimination is so large and pronounced, especially in the field of health care,

employment, education, leave aside social exclusion” and also that “non-

recognition of identity of Hijras/transgender persons results in them facing

extreme discrimination in all spheres of society, especially in the field of

employment, education, healthcare etc.” It is submitted that the act of the

Respondent in not issuing new birth certificate to the petitioner which reflects her

change of name and gender results in grave inconvenience to the Petitioner who

has undergone sex-reassignment surgery and has changed her name and

gender identity from that assigned at birth. The ruling of the Hon’ble Supreme

Court seeks to prevent discrimination on grounds of gender identity, which puts

persons through "immense stress, trauma, humiliation and embarrassment".

21. THAT the Hon’ble Supreme Court in NALSA also observed that any

discrimination on the ground of ‘sex’ under Article 15 and 16 includes

discrimination on the ground of gender identity. The Court observes that both

biological characteristics such as genitals, chromosomes and secondary sexual

features, as well as gender attributes such as one’s self-image and the deep

psychological and emotional sense of sexual identity and character, constitute

distinct components of sex. It is submitted that section 15 of the Act which limits

alterations in the Birth Certificate only to instances of error or fraud and the

inaction of the 2nd Respondent inaction in issuing a new birth certificate reflecting

the current sex and name of is the Petitioner amounts to discrimination against

the Petitioner on the basis of sex and is therefore violative of Article 15 and 16.

22. THAT the Hon’ble Supreme Court in NALSA ruled that the “values of privacy,

self-identity, autonomy and personal integrity are fundamental rights guaranteed

to members of the transgender community under Article 19(1)(a) of the

Constitution of India and the State is bound to protect and recognize those

rights.” It is submitted that the decision to undergo sex-reassignment surgery is

one of the Petitioner’s free will and that which must be respected and protected

by the Respondents. In ignoring the request of the Petitioner’s to change her

name and gender on her birth certificate, the Respondents are not recognizing

the Petitioner’s right to self-identify as a female with a new name.

23. THAT the Hon’ble Supreme Court in NALSA ruled that gender being a core and

integral part of a person’s identity, the “non-recognition of gender identity is,

therefore, part of right of dignity and freedom guaranteed under our constitution.”

Thus, the Hon’ble Supreme Court has ruled that recognition of gender identity is

at the heart of Article 21 and the fundamental right to life with dignity. It is

submitted that the act of the 2nd Respondent results in violation of this

fundamental right to life with dignity of the Petitioner by forcing her to live dual

lives, one on paper with her old identity as male with the name of Bharath Raj

and the other, the present life and gender identity as female with the name Ms.
 X. The incongruence between the name and gender identity on the birth

certificate of the petitioner and the identification documents issued to the

petitioner by the Government of India, including the Aadhaar Card, Passport,

PAN card and Driving License, wherein her new name and gender identity has

been recorded, leads to the Petitioner facing several questions, harassment,

embarrassment and discrimination. It is thus a violation of her right to life with

dignity and personal liberty and is thus violative of her rights under Article 21 of

the Constitution.

24. THAT the Hon’ble Supreme Court of India in Justice K. Puttaswamy (Retd.) &

Anr. v. Union of India & Ors. 2017 SCC OnLine SC 996 has recognized the

right to privacy as one of the facets of the right to life and dignity. The right to

identity, personal autonomy and the right to be left alone, all form a part of this

right to privacy that is infringed by implementation of the Act. In the NALSA

judgment, the Supreme Court of India held that Article 21 of the Constitution

protects one’s right to privacy. This has been recognized by the 9 judge Supreme

Court bench in Justice K. Puttaswamy (Retd.) (supra) wherein the Hon’ble

Supreme Court has held that the NALSA judgment indicated the rational for

grounding the right to privacy in protection of gender identity in Article 15, and

that the intersection between Article 15 and 21 “locates a constitutional right to

privacy as an expression of individual autonomy, dignity and identity.” It is

submitted that the restrictive language of Section 15 of the Act and the inaction

on the part of the 2bd Respondent in not issuing a new birth certificate to the

Petitioner results in the subsequent invasion of privacy of the Petitioner who is

forced to disclose her past identity of being male and having a different name

and not living as per her true identity. This is a direct violation of her fundamental

right to privacy under Article 21 of the Constitution.

25. THAT the act of the 2nd Respondent in not acting upon the Petitioner’s request

results in violation of her right to self-identify her gender identity. The Hon’ble

Supreme Court in NALSA concluded that discrimination on the basis of sexual

orientation or gender identity would include any discrimination, exclusion,

 restriction or preference, which has the effect of nullifying or transposing equality

by the law or the equal protection of laws guaranteed under the Constitution. It is

submitted that the act of the Respondents in not responding to the request for

issue of a new birth certificate by the Petitioner is in direct violation of the

operative directions of the Hon’ble Supreme Court in NALSA. The Hon’ble

Supreme Court directed that “(t)ransgender persons’ right to decide their self-

identified gender is also upheld and the Centre and State Governments are

directed to grant legal recognition of their gender identity such as male, female or

as third gender.” The act of the Respondents in refusing the grant legal

recognition of the Petitioner’s gender identity is in direct violation of the Supreme

Court’s ruling.

26. THAT the Madurai Bench of the Hon’ble Madras High Court in a decision dated

28.08.2014 in S. Swapna (Transgender) vs the State of Tamil Nadu

W.P.(MD)No.10882 of 2014, dealing with the question of name and gender

change in educational certificates has ruled that in cases where transgender

persons undergo sex reassignment surgery and make applications for change of

name and sex in relevant records, especially on the basis of documents such as

the certificate issued by a medical officer, there the concerned departmental

authorities must make the changes in the records. The Hon’ble Court directed

the respondents to make the appropriate changes in all the relevant records, and

stated:

“The regulations were all made long back without seeing the future

developments. When a transgender undergoes a sex reassignment

surgery and makes an application thereafter for change of name and sex

in the relevant records on the basis of various documents including the

certificate issued by the Medical Officer, the concerned authorities are

expected to verify the records and make consequential changes in the

concerned records. The petitioner cannot be dragged from pillar to post on

the ground that there are no rules permitting such changes in educational

records. The petitioner has produced sufficient documents to prove her

 identity. The application should have been considered on merits by the

third respondent. The authorities in a case of this nature must extent their

helping hand to a transgender rather than denying the relief on technical

reasons. I am therefore of the view that the third respondent erred in

rejecting the request by the petitioner.”

If this is the ruling of the Hon’ble Madras High Cpurt, then the same guidelines

can be applied for the reading down of Section 15 of the Act so that it may be

read to include all alterations to one’s birth certificate to reflect the voluntary

change of name and gender identity.

27. THAT in K.Prithika Yashini vs The State of Tamil Nadu and Ors. 2015 SCC

OnLine Mad 7054 the Hon’ble Madras High Court dealt with a similar case of a

transgender person seeking change of name in all certificates and records after

sex-reassignment surgery (male-to-female). The Hon’ble High Court relied on the

judgment laid down in S. Swapna (supra) and stated that the petitioner was

entitled to have her name changed on educational certificates on account of the

sex re-assignment surgery which has been recognized and certified. The Hon’ble

Court observed that while in S. Swapna’s (supra) case the applications for

change of name were rejected, in this case it was pending with no

acknowledgement by the respondents, and still ruled that the appropriate

changes must be made. It is submitted that the 2nd Respondent has not

acknowledged or responded to the representation made by the Petitioner.

28. THAT in the case of K. Gowtham Subramaniyam vs The Controller of

Examination W.P. No. 7536 of 2017, the Hon’ble Madras High Court reiterated

the above rulings. In this case, the Petitioner was a female-to-male transgender

person, who upon requesting his educational institutions for change of name

after his sex re-assignment surgery was asked by the respondent institution to

get a certificate from a District Magistrate as mandated under the Transgender

(Protection of Rights Bill, 2016). The Hon’ble High Court noted that the Bill was

not in operation, and that where the petitioner had submitted sufficient

documents such as the medical certificates and the government identity card,
 Aadhaar, in the present name, there was no impediment on the educational

institutions making necessary changes in the certificates based on the

Petitioner’s representation.

29. THAT an expansive reading needs to be given to Section 15 of the Act to include

changes to be made to one’s Birth Certificate for the inclusion of one’s new name

and gender which was even recommended by the Law Commission of Karnataka

in its 24th Report dated 20.07.2013 in order to enable a person desirous of name

change to be able to do so and had recorded as under:

“Article 21 guarantees the right to a decent living, right to one’s

identity being the basic necessity in a civilized society. Therefore, it

is obvious that every citizen has a right to be identified with

reference to a name of one’s own choice. It being a very well

recognized right of a citizen it cannot be curtailed by insisting that he

should be known by the name given to him by others when he was a

minor and therefore, it is obviously without his consent. He having

the right to be known by the name of his choice cannot be made to

suffer with the name given to him by others without his consent.

Denial Deprival of such valuable right to one’ s own name is not just,

fair or reasonable.”

30. THAT international jurisprudence on the question of change of name and gender

on birth certificates has evolved in favour of transgender persons to ensure that

they are provided the option to get all legal documentation altered to reflect their

true name and gender. The law in each state in the United States of America

recognizes the significance of a name and gender change on a legal document

as crucial as a birth certificate and permits transgender persons to change their

name and gender after tendering a request for the same and providing additional

documents in support of such request as per the law in the respective States. In

Re Petition for Change of Birth Certificate, 22 N.E. 3d 707 (Ind. Ct. App.

2014) the Court of Appeals in Indiana in December 2014 allowed for a change in
 name and gender in the birth certificate of a transgender person and clarifying

the process for the same recorded as under:

“Though never addressed by this court, the amendment of a birth

certificate with respect to gender is not novel. The vast majority of states,

including Indiana, have allowed it in practice for some time. See In re

Heilig, 816 A.2d 68 (Md. 2003) (recognizing that, at the time, twenty-two

states had enacted statutes expressly enabling such amendments and

twenty states had statutes dealing generally with amendments to birth

certificates; only Tennessee statutorily forbade an amendment as to

gender). See also Dean Spade, Documenting Gender, 59 Hastings L.J. 731,

768 (2008) (forty-seven states allow gender reclassification on birth

certificates (Idaho, Ohio, and Tennessee do not) twenty-eight of these

states “specifically authorize gender reclassification by statute or

administrative ruling, while the other nineteen have no written rule stating

that they allow sex designation change, but in practice do provide sex

designation change upon application”)

31. THAT The United Kingdom’s Gender Recognition Act, 2004 enables a

Transgender Person who has been living in their preferred gender identity for two

years or more to obtain a Gender Recognition Certificate (GRC) on the basis of

which a legal change in gender may be granted and a new birth certificate shall

be issued to the person recording their new name and gender.

32. Thus, it is submitted that by not permitting the change of name and gender to be

carried out in her birth certificate, the Petitioner is being deprived of her right to

life with dignity and gender identity as guaranteed under Articles 19 and 21 of the

Constitution and further recognised by the Hon’ble Supreme Court in NALSA

(supra). Further, the Respondents are obligated to not violate any of the

Constitutional or Fundamental rights of the Petitioner and must follow the

directions of the Hon’ble Supreme Court and the Hon’ble High Courts of the

country.
 PRAYER

WHEREFORE, in light of the above facts and circumstances, and owing to the

urgency of the case of the Petitioner, the Petitioner most respectfully prays that this

Hon’ble Court be pleased to:

A. Declare that Section 15 of the Registration of Births & Deaths Act, 1969 and

Rule 11 (4) of the Karnataka Registration of Births and Deaths Rules, 1999

be read down so as to include all voluntary changes to name and gender

identity in one’s birth certificate;

B. Issue a writ in the nature of mandamus directing the Respondent No.2 to

issue to the Petitioner a new Birth certificate reflecting her current name and

gender identity; and

C. Grant any other relief, which the Hon’ble Court deems fit in the circumstances

of the case in the interests of justice and equity.

Place: Bangalore Counsel for the Petitioner

Date: JAYNA KOTHARI

Address for Service:

D6, Dona Cynthia Apartments,

35 Primrose Road

Bangalore – 560025
 IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

W RIT PETITION (CIVIL) NO. __________ OF 2016
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Dr. AkkaiPadmashali
D/o Smt. Indira JS and N. Jayaram
Aged 32 years
Residing at: No. 1, 4th Cross,
Maramma Temple Street
Krishnapalya, NGEF Layout,
Bangalore-560038. …Petitioner No.1

2. Uma Umesh, S/o

Sh. Perumalaiah,
Aged 38 years
Residing at: No. 41/6, 1st Floor,
E Cross, 3rd Main, Mathikere
Bangalore-560054 . ….Petitioner No.2

3. Suma M., D/o

Sh. Muniswamy C.,
Aged 28 years,
Residing at: No. 421,
Anthoniswamy Main Road,
Bengaluru – 560045. …Petitioner No.3
Vs.

1. Union of India
Through its Secretary
Ministry of Law and Justice
New Delhi – 110001. …Respondent No.1

2. Union of India
Through the Secretary
Ministry of Home Affairs
Central Secretariat
New Delhi - 110001 …Respondent No.2

A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR

ENFORCEMENT OF THE FUNDAMENTAL RIGHTS OF THE PETITIONERS BY WAY OF
ISSUANCE OF AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF
 MANDAMUS AND/OR CERTIORARI, OR ANY OTHER WRIT, ORDER OR DIRECTION
UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA INTER-ALIA DECLARING:

SECTION 377 OF THE INDIAN PENAL CODE, 1860 TO BE ULTRA VIRES PART – III OF
THE CONSTITUTION, AND PARTICULARLY THE GUARANTEE UNDER ARTICLES 14, 15,

19 AND 21 OF THE CONSTITUTION OF INDIA.

MOST RESPECTFULLY SHOWETH:

1. The Petitioners, who are members of the transgender community, are filing the present

Writ Petition seeking a declaration that Section 377 of the Indian Penal Code is

unconstitutional, being violative of their fundamental rights under Articles 14, 19 and

21 of the Constitution.

2. The constitutional validity of Section 377 of IPC is pending consideration before a

Constitution Bench of this Hon’ble Court in Curative Petition (Civil) Nos. 88-102 of

2014. The Petitioners seek to respectfully place before this Hon’ble Court, the

discrimination faced by them and members of transgender community on account of

their continued criminalization under Section 377 of the IPC despite the protection of

their right to gender identity and orientation by this Hon’ble Court in NALSA.

3. The brief facts and background giving rise to the filing of this petition are narrated

below:

4. The Petitioners are members of the transgender community. The 1st Petitioner herein

is a male to female transgender person and a very well-known transgender rights activist

based in Karnataka. The 1st Petitioner runs an organisation based in Bangalore called

“Ondede” (Kannada for "convergence") that works with children, women and sexual

minorities. In 2015, she was awarded the Karnataka Rajyotsava Award, which is the

highest award in the State for her contribution as a social rights activist working for the

rights of sexual minorities. She is also the first transgender woman in the State to be

given this award. In 2016, she was awarded an honorary Doctorate by the Indian Virtual

University for Peace and Education and has become the first transgender person in the

country to be awarded a Doctorate. The 1st Petitioner, for the past eleven years, has been

working to educate the sexual minority community members about their rights and has
 also worked on issues concerning Right to Health and the right to access health services.

She has been working on issues of gender and gender based violence with the

community of gender and sexual minorities, media, civil society organisations, police,

judiciary and the legislature, to bring awareness and change for the community.

5. In 2014, the 1st Petitioner’s organisation ‘Ondede’, brought out a report on the Human

Rights Violations Against Transgenders in Karnataka. This Report documents violence

by the police that sexual minorities face on a daily basis, including harassment faced by

the threat of Section 377 of the IPC. It highlights various first person accounts of

gender-based violence and concludes with certain recommendations to improve the

present situation of transgender persons in the state.

6. It is submitted that the work done by the 1st Petitioner herein has been recognized not

only by the State government but also at the central government and national level. The

1st Petitioner, in recognition of her work and services was invited by the President of

India to attend the swearing-in ceremony of the Hon’ble Chief Justice Shri Altamas

Kabir, Supreme Court of India in 2012 and was also invited to attend the swearing in

ceremony of the Hon’ble Chief Justice Smt Manjula Chellur of the Kerala High Court.

The 1st Petitioner was also part of many consultations at the national level that made

recommendations on rape laws to the Justice Verma Committee. The 1st Petitioner both

individually and through her organisation ‘Ondede’ has taken many measures to bring

the issues surrounding Section 377 to the notice of higher authorities, especially the

police violence caused to the transgender community due to this section

7. The 2nd Petitioner is Uma Umesh, a transgender person. She heads an organization

known as ‘Jeeva’ in Bangalore that works around issues affecting sexual minorities.

The 2nd Petitioner’s organization spreads awareness on issues facing sexual minorities

through a community radio series known as Jeeva’s Diary on Radio Active. The 2 nd

Petitioner has conducted workshops for female born sexual minorities to address the

mental health issues using creative arts. Jeeva has organized workshops on

photography, sports and internet for the transgender community. Jeeva also brings out

a community magazine, titled ‘Ananya’ which comprises writings and stories by

community members, narratives of their experiences, information on their struggles and

campaigns, legal awareness articles and updates on government welfare programmes.

 The magazine especially creates awareness around issues of discrimination due to

Section 377 of the Indian Penal Code.

8. The 3rd Petitioner is a male to female Transgender female. She was born male and

underwent sex reassignment surgery and now identifies as female. She is pursuing a

BA degree in Journalism, Political Science and Sociology at St. Josephs’ College,

Bangalore University and is Karnataka’s first open transgender student in Bangalore

University. She has faced an immense amount of violence, including sexual and

physical violence at the hands of the police due to the fact that she is a transgender

person.

9. All the Petitioners are transgender persons. The term “transgender” would also

encompass various other terminologies and groups of persons who are referred to under

different names.

10. In 2014, following the judgment in NALSA, The Rights of Transgender Persons Bill,

2014 was tabled before the Rajya Sabha “ to provide for the formulation and

implementation of a comprehensive national policy for ensuring overall development

of the transgender persons and for their welfare to be undertaken by the State and for

matters connected therewith and incidental thereto.”

11. Despite these developments, Section 377 of the IPC which criminalizes transgender

persons, acts as an obstacle to the full realization of the rights of transgender persons

and meaningful recognition of their right to life with dignity, personal autonomy and

self-determination.

12. The Petitioners 1 to 3 are transgender persons whose right to gender identity and

autonomy as read into Article 14, 15, 19 and 21 by NALSA are adversely affected and

violated by the continued existence and enforcement of Section 377 of the Indian Penal

Code against consenting adults, particularly against transgender persons and therefore

the Petitioners are constrained to file this present petition under Article 32 of the

Constitution of India before this Hon’ble Court.

13. The Petitioners submit that since they are challenging the vires of a statute, i.e., Indian

Penal Code, no representation to any authority is warranted before invoking the powers

of this Hon’ble Court under the provisions of Article 32 of the Constitution of India.

14. The Petitioners submit that the challenge in the present petition pertains to the validity

of:

SECTION 377 OF THE INDIAN PENAL CODE, 1860, WHICH READS:

“377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the

order of nature with any man, woman or animal, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary

to the offence described in this section.”

15. That the present writ petition involves the following substantial questions of law as to

the interpretation of the Constitution:

I. Whether, in light of the decision in NALSA, it can be held that Section 377 of

the Indian Penal Code, 1860, violates the rights of the Petitioners as members

of the transgender community?

II. Whether Section 377 of the Indian Penal Code, 1860 insofar as it applies to

consenting adults violates the rights of the Petitioners being transgender

persons under Articles 14, 15, 19 and 21 of the Constitution of India and hence

is ultra vires Part III of the Constitution of India?

16. That the Petitioners have filed the present Writ Petition seeking protection of their

fundamental rights on the following grounds:

GROUNDS

(A) THAT this Hon’ble Court in NALSA, held that the right to equality has been declared

as a basic feature of the constitution and that Article 14 guarantees to everyone the equal

protection of laws so that everyone including transgender persons are afforded equal
 protection of the laws. It acknowledged that the non-recognition of the identity of

transgender persons denies them equal protection of law, thereby leaving them

extremely vulnerable to harassment, violence and sexual assault in public spaces, at

home and in jail and also by the police. It is submitted that Section 377 of the IPC works

unequally against transgender persons based on the non-recognition of their gender and

sexual identity.

(B) THAT in NALSA, this Hon’ble Court held that discrimination on the ground of sexual

orientation or gender identity impairs equality before the law and equal protection of

the law and violates Article 14 of the constitution. In the present case, Section 377 is

ultra vires Article 14 of the Constitution as it discriminates against the Petitioners as

members of the transgender community by not recognizing their gender identity or

sexual orientation and criminalizing their acts of sexual intercourse.

(C) THAT the decision in Suresh Kumar Koushal mainly concerned the rights to privacy,

equality and dignity of the LGBT community, i.e., the which includes ‘lesbian’, gay,

bisexual and transgender persons. However, the ratio of the judgment focused mainly

on rights of homosexual men and did not address the specific instances of

discrimination and harassment faced by the transgender community. Hence the question

of the rights of transgender persons and the applicability of Section 377 in the context

of the transgender persons, necessitates distinct reasoning and discussion of issues than

the reasoning offered in Suresh Kumar Koushal. Therefore, despite the ratio of Suresh

Kumar Koushal and the subsequent curative petitions, the rights of transgender persons

vis-a-vis Section 377 largely remains unanswered and requires a new ratio to be laid

down by this Hon’ble Court.

17. It is submitted that this Petition under Article 32 is maintainable despite the pendency

of curative petitions before this Hon’ble Court. The present Petitioners were not parties

in the pending petitions and cannot file a review or curative petition against the

judgment in Suresh Kumar Koushal’s case. Hence, as held by this Hon’ble Court in

Ramachandra Shankar Deodhar v. State of Maharashtra and Others, (1974) 1 SCC

 317, the Petitioners, not being parties to the earlier decision, cannot be said to have an

adequate alternative remedy available to them.

18. In P. Sudhakar Rao and Ors. v. U. Govinda Rao and Ors. , (2007) 12 SCC 198, this

Hon’ble Court held that pendency of a similar matter before the larger Bench did not

prevent the Court from dealing with a similar appeal on its merits. Further, as held by a

Constitution bench of this Hon’ble Court in Amalgamated Coalfields v. Janpada Sabha,

AIR 1964 SC 1013, the principle of constructive res judicata cannot be applied to

petitions under Article 226 and 32 and that “petitioners cannot be precluded from

raising new contentions on which their challenge is based.”

19. That the present petition is maintainable despite the pending curative petitions filed

pursuant to the decision in Suresh Kumar Koushal in view of the law laid down in

Sanjay Singh and Anr v. U.P. Public Service Commission, Allahabad and Anr, (2007)

3 SCC 720, where this Hon’ble Court held that a petition under Article 32 cannot be

dismissed as not maintainable merely because it seeks to distinguish or challenge the

ratio decidendi of an earlier judgment.

20. The present petition seeks to challenge Section 377 of the IPC, in light of the decision

in NALSA that specifically recognized the rights to gender identity and gender

orientation of the transgender persons and this requires the reconsideration of the ratio

decidendi of the earlier decision in Suresh Kumar Koushal, Thus, the present petition

is maintainable.

21. That another writ petition was recently filed challenging the constitutional validity of

Section 377, bearing Writ Petition (Criminal) No. 76 of 2016. In its order dated

29.06.2016, a Division Bench of this Hon’ble Court noticed that the issue relating to

Constitutional Validity of Section 377 is pending before a Constitution Bench, on

account of which the Writ Petition was directed to be placed before the Hon’ble Chief

Justice for appropriate orders.

22. That the Petitioners have not filed any other petition before this Hon’ble Court or any

other court seeking the same relief.

 PRAYER

In view of the facts and circumstances stated hereinabove, it is most respectfully prayed

that this Hon’ble Court may graciously be pleased to:-

(a) Declare Section 377 of the Indian Penal Code, 1860 as ultra vires Part III of the

Constitution of India, 1950, as violative of Articles 14, 15, 19 and 21 of the Constitution

insofar as it applies to consensual acts of adults; and

(b) Grant such other reliefs as this Hon’ble Court may deem fit and proper in light of the

facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL, AS IN DUTY BOUND EVER

PRAY.