Transgender's bid to be legally recognised as female fails due to lack of paperwork

KUALA LUMPUR: A transgender has failed in his bid to be legally recognised as woman, due to a lack of paperwork proving his sex change.

High Court Justice Asmabi Mohmad dismissed R. Vasudevan's application for a court order to compel the National Registration Department to change the gender in his identity card.

Justice Asmabi ruled that Vasudevan had failed to produce sufficient evidence to prove that he had changed gender.

Vasudevan in his affidavit gave reports of a sex change surgery in a Thailand hospital in 2012, a psychological report that he had gender dysmorphia and a report of a physical exam he took in Hospital Kuala Lumpur.

However, the judge found the submissions were too skeletal to determine if the gender change was satisfatory as it did not mention if Vasudevan had done a vaginoplasty, penectomy, or a breast and buttock augmentation.

Quoting case law, the judge noted gender was a multi-faceted question not dependant on the applicant's desire alone, but also had chromosomal, gonadal, genital, and psychological factors.

"While I sympathise the plaintiff and the problems faced by transgenders, I cannot read above the law," said Justice Asmabi.

She ordered Vasudevan to pay RM3,000 in costs to the Department.

Vasudevan's lawyer P. Muniswer told reporters his client had not yet decided if he would appeal.

In the originating summons filed on July 14, 2014, Vasudevan applied for a declaration that he be recognised as a woman, following a gender reassignment surgery.

Vasudevan, 25, sought an order to compel the National Registration Department to change his name from Vasudevan a/l Ramoo to Maha Lakshmi a/p Ramoo.

He also sought to have the Department change the last digit of his identity card to an even number to reflect that he was now a woman.