Justice Ziyad Rahman A.A., while allowing a writ petition filed by Zahhad and Ziya Paval—transgender persons who are legally recognized as male and female respectively—held that the law must evolve with social realities and uphold constitutional guarantees of dignity, equality, and privacy.
The couple’s child, born on February 8, 2023, had initially been issued a birth certificate listing Zahhad, a trans man who gave birth, as “mother,” and Ziya, a trans woman, as “father.” This classification, the petitioners argued, contradicted their self-identified genders and posed risks of discrimination and confusion in the child’s future.
Beyond Binary: A Progressive InterpretationWhile statutory formats under the Registration of Births and Deaths Act, 1969, and Kerala’s Registration Rules, 1999, mandate separate fields for “father” and “mother,” the Court observed that these forms predate the legal recognition of transgender persons and reflect a binary understanding of gender.
Drawing upon the Supreme Court’s 2014 judgment in National Legal Services Authority v. Union of India and the Transgender Persons (Protection of Rights) Act, 2019, the Court emphasized that gender identity is a matter of self-perception, constitutionally protected under Articles 14, 15, 19, and 21.
“The law cannot remain static, but it has to evolve in accordance with the changes in the society and the lifestyle of its members,” the Court noted, underscoring the need for “social context adjudication” in matters impacting personal dignity and identity.
An Exceptional Remedy for an Exceptional CaseAlthough officials maintained that statutory rules required adherence to fixed forms, the Court ruled that such rigidity cannot override fundamental rights. Rather than striking down or reading down the rules, the Court treated the case as exceptional and granted specific relief without altering official register entries.
Accordingly, the Court directed that a revised birth certificate be issued listing both Zahhad and Ziya as the “parents” of the child, without reference to gender. The Kozhikode Corporation has been given two months to comply.
A Step Forward for Trans Rights in IndiaThis judgment marks a significant step forward for the recognition of non-traditional families in India’s legal system. It aligns with a growing body of jurisprudence, including Deepika Singh v. CAT (2023) and Navtej Singh Johar v. Union of India (2018), that affirms the dignity and diversity of family structures.
By acknowledging the lived realities of transgender parents and their children, the Kerala High Court has reaffirmed that dignity, identity, and equal protection must be more than theoretical guarantees—they must find real and practical application in law.