In a significant step towards gender inclusivity, the Kerala High Court allowed the country’s first transgender couple, Zahhad and Ziya, to be referred to as "parents" instead of "father" or "mother" on their child’s birth certificate.
Zahhad, a transman, gave birth to their child, while Ziya is a transgender woman. The original birth certificate listed Ziya as the father and Zahhad as the mother. However, the couple approached the court arguing that the entries contradicted their true gender identities and could lead to complications in their child’s future.
Quoting the Court:
“...the law cannot remain static, but it has to evolve in accordance with the changes in the society and the lifestyle of members of the society.”
Justice Ziyad Rahman A. A. ruled in favor of the couple and directed that they be shown as "parents" in the birth certificate. The Court emphasized that when a request supports the welfare and rights of the individuals without affecting the rights of others or violating any laws, the judiciary should not hesitate.
“If a certificate sought by the petitioners, advances the welfare, interests and rights of the petitioners or the class/category they fall in… the court need not hesitate to step in.”
Earlier, the couple had approached the Kozhikode Corporation, requesting this change, but were denied. The corporation cited the Registration of Births and Deaths Rules, 1999, which mandate using only the formats that refer to "father" and "mother".
The Court noted that the Births and Deaths Act of 1969 was framed when gender was understood only in binary terms. However, after the Supreme Court’s 2014 judgment in NALSA v Union of India and the Transgender Persons (Protection of Rights) Act, 2019, there is now legal recognition for transgender individuals. Despite this, the birth registration laws have not yet been updated.
The judge called this a “rare and exceptional” case and clarified that the format in the 1999 Rules was not being altered for all. However, he highlighted that the judiciary has a role in delivering social justice, especially in cases where legislation lags behind social progress.
The court also stated that the register entries maintained by the local authorities need not be changed since the couple did not seek such a modification.
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Case Title: Zahhad and Others v State of Kerala and Others
Case No.: WP(C) 23763/2023
Counsel for Petitioners: Advocates Padma Lakshmi, Prashant Padmanabhan, Meenakshi K. B., Mariyamma A. K., Ipsita Ojal, Pooja Unnikrishnan
Counsel for Respondents: Advocates V. Krishna Menon, V. Manu (Special GP)
