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The trans woman recouped from gender dysphoria and underwent reassignment surgery, following which she changed her name as well as gender on her Identity documents, however her request for altering the same in her Board mark sheets was rejected.

The Allahabad High Court on Friday issued directions to the State authorities to enable a trans woman to change her previous name and gender changed in her educational mark-sheets and certificates.

The Single Judge Bench of Justice Vivek Chaudhary also ordered that after issuance of District Magistrate's certificate indicating petitioner's change in gender under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 (the Act), fresh changed mark sheets and certificates will also be issued to the transwoman.

The bench was dealing with a writ petition wherein court was prayed to direct Board of High School and Intermediate Education, Allahabad (U.P.) (U.P. Board) and Council for the Indian Schools Examination, New Delhi (CISE Board) to change petitioner's name and gender in her matriculation and intermediate marksheets respectively. 

A mandamus was also sought commanding both the authorities to amend their regulations and guidelines with regard to change of gender and names.

Facts of the case

Petitioner with her earlier name as 'A' (name of the petitioner concealed) and gender as male, had appeared and passed High School and Intermediate in the year 2011 and 2013 respectively.

As she was suffering from gender dysphoria, she underwent gender reassignment surgery in October 2017 from male to female.  She also got published a gazette notification in respect of change of her name from 'A' to 'S' and gender from 'male' to 'female'.

Petitioner also got her Aadhar and PAN cards issued in her new name and gender as female. But when she applied for getting her earlier name and gender changed in her school mark sheets, her request was rejected. 

In June 2017, the petitioner had applied for the change in her High School documents but during filling forms for the said purpose, she noticed that columns for change of name and other details were there but the form was silent about the change in gender.

Consequently, she approached different authorities and finally Ministry of Social Justice and Empowerment, New Delhi sent a letter to the Secretary, U.P. Board requesting them to change petitioner's name and gender. A similar request was also forwarded by the principal of her intermediate school. 

However, after exchange of several letters between the Board and State Government, the matter was finally placed before the Examination Committee of the U.P. Board which decided that petitioner's name and gender could not be changed as neither the Intermediate Education Act, 1921 nor regulations framed thereunder contained any such provision.

Against this backdrop, the petitioner had approached the High Court seeking court's directions. 

State's objections

State counsel had contended that a certificate by the DM under section 7 could not be issued to the petitioner as she was not having the mandatory certificate under section 6. It was also argued that since petitioner had changed her gender before the Act came into force, therefore she was not entitled to apply for the section 7 certificate.

(Section 6 says that the District Magistrate shall issue a certificate of identity as a transgender person to the applicant under section 5, and the said certificate shall confer rights and be proof of recognition of his identity as a transgender person.)

Court's verdict

Court stressed that the very purpose of bringing the Act into force was to provide equality and respect to transgender persons. Therefore, noting that the Act is a socially beneficial legislation, court held, 

"This Act cannot be given an interpretation which would defeat the very purpose for which the same is brought in force. It has to be interpreted in a manner that solemn purpose for which it is legislated is achieved."

Accordingly, Court rejected State counsel's contentions. Court observed,

"The purpose is to give recognition to transgender persons as they perceived themselves and, in case, they undergo a gender reassignment procedure, to provide them appropriate changed certificates and identity documents."  

Court also stated that Section 7 is required to be interpreted in a manner that the transgender persons who are issued a certificate under Section 6 or persons like petitioner who had undergone the gender re-assignment procedure prior the Act came into force, both are held entitled to apply before the District Magistrate for issuance of a certificate indicating 'change in gender'.

Further holding that denying such a right to persons who had already undergone the gender re-assignment procedure would frustrate the very purpose of the Act, court permitted the petitioner to submit an application under Section 7 of the Act before the District Magistrate. 

Court also directed that on the basis of DM's such certificate, the petitioner would have the liberty to approach Boards' authorities for changing the identity on her educational records and the Board officials will have to take immediate steps after receiving her application.