The Kuala Lumpur High Court has dismissed an application from a 25-year-old to compel the National Registration Department to change the name and identity card number to reflect she has gone through a sex change operation.

Justice Asmabi Mohamad said plaintiff R Vasudevan had failed to fulfill four criteria for the NRD to record sex change on the identity card.

Furthermore, the judge said there is no legislation in Malaysia to allow classification of sex change in their records, with only a name change allowed.

"I am afraid that the court is bound by the Court of Appeal decision in the Kristie Chan case.

"The originating summons is dismissed," she said.

Justice Asmabi also ordered‎ Vasudevan to pay RM3,000 costs.

Vasudevan wanted a declaratory order from the court so she can change the entry in her IC from male to female. She said she had undergone a sex change operation in Thailand in 2012.

She also wanted the name in her IC changed to Maha Lakshmi and the final four digits of the identity card number be changed to denote she is female.

Vasudevan was represented by lawyer P Muniswer‎ while senior federal counsel Maisarah Jauhari ( photo ) appeared for the NRD.

In this case, Vasudevan provided evidence that she had undergone a sex change operation and produced an affidavit in support from the Kuala Lumpur Hospital to prove she does not have any more male organ.

Justice Asmabi, in citing the Kristie Chan's Court of Appeal decision, also quoted two international cases which were referred to in Chan's submission.

The two cases are Corbett vs Corbett and Ballinger vs Ballinger.

'Not enough proof'

“These cases serve to show gender is a multi-faceted question, and not involving the desire of the applicant alone, but involv(ing) consideration of chromosomal, gonadal, genital and psychological factors,” said the judge in quoting the Kristie Chan's 2012 case.

Based on this, Justice Asmabi said the court found that the plaintiff had failed to show whether there has been a chromosomal change.

There is also no evidence before the court from the skeletal submission and the documentary evidence that vaginoplasty was conducted, nor evidence of breast and buttock augmentation was done to denote female transformation.

“As much as I pity with the plaintiff, the court is bound by stare decisis (the doctrine of precedent) and have to dismiss the application,” the judge added.

Meanwhile, Justice for Sisters volunteer S Thilaga (photo), who was present to hear the verdict said Malaysia should follow countries such as Argentina, Denmark, Ireland, and Malta which allow people to self-determine their sex.

Although some of these countries had gone through the courts as we do, now these countries have legislation to allow people to self-determine their sex,” said the gender rights activis t.

Gender and sex are different as gender does not determine how you feel, she added.

Thilaga also wants the media to be sensitive in their description of the group, and refer to them as transgender persons or mak nyah.