The Allahabad High Court recently comprising of a bench of Justice Vivek Chaudhary issued a major order directing state officials to take urgent steps to change the name and gender of a transwoman who underwent gender-reassignment surgery on her school mark sheets and certificates. According to the certificate granted by the District Magistrate to the petitioner, the Bench of Justice Vivek Chaudhary also ordered the issuance of new revised mark sheets and certificates to her. (Shivanya Pandey v. State Of U.P Thru Prin Secy Secondary Edu Lko & Ors)
Facts of the Case
Petitioner with her earlier name as 'X' (name of the petitioner concealed) and gender as male, had appeared and passed High School and Intermediate in the year 2011 and 2013 respectively. Noting that 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 records, the 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 requesting them to change petitioner's name and gender. However failing to get allowance on name and gender change from Examination Committee of the U.P. Board, the petitioner took to the High Court.
Contention of the Parties
The petitioner stated that the right to choose one's own self-identity and gender is an inherent right under Article 21 of the Indian Constitution, citing the Supreme Court's ruling in National Legal Services Authority v. Union of India and Others (NALSA Case).
Furthermore, Section 6(1) of the Transgender Persons (Protection of Rights) Act, 2019 states that "if the transgender person undergoes surgery to change gender, such person may apply to the District Magistrate for a revised certificate in the prescribed manner, along with a certificate issued to that effect by the Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery." In light of her gender transition, it was contended that the petitioner is entitled to the issuance of necessary credentials.
The Counsel on behalf of the State, contended that the petitioner was ineligible to apply for updated mark sheets and certificates under the 2019 Act since she had gender-reassignment surgery previous to the Act's enactment.
Courts Observation & Judgment
The court stated that the goal of enacting the Act is to provide transgender people with equality and respect. Because the Act is a socially beneficial piece of legislation, it cannot be interpreted in a way that defeats the exact goal for which it was enacted. It must be construed in such a way that the serious goal for which it was enacted is realised.
The Court furthermore stated that Section 7 of the 2019 Act, which outlines the procedure for obtaining a gender change certificate, must be interpreted in such a way that both transgender people who are issued a certificate under Section 6 and people like the petitioner who had undergone the gender reassignment procedure prior to the 2019 Act's enactment are eligible to apply to the District Magistrate for a gender change certificate.
The Court allowed the petitioner to file an application with the District Magistrate under Section 7 of the Act, noting that denying such a right to people who have previously had gender reassignment surgery would defeat the Act's core objective.
The Court further stated that after the District Magistrate issues a certificate, the petitioner is free to contact the appropriate authorities for the issuance of new certificates and mark sheets. The State authorities were also ordered to take urgent action to modify the petitioner's name and gender on his or her mark sheets and certificates.
Read Judgment @Latestlaws.com
Picture Source :
