The Manipur High Court has held that provisions of the Transgender Persons (Protection of Rights) Act, 2019, which grant transgender persons the right to have their identity reflected in official records, are binding on all “establishments” across the state. The ruling came while allowing the plea of a transgender woman seeking correction of her name and gender as female in her academic certificates issued by the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COSEM), and Manipur University (MU).
The petitioner approached the Court after the authorities refused to update her educational documents despite her name and gender having already been changed in Aadhaar, Voter ID, and PAN Card. Justice A. Guneshwar Sharma, while examining the statutory framework, observed that under Sections 5, 6, and 7 of the 2019 Act, a transgender person is entitled to a certificate of identity from the District Magistrate, and where gender reassignment surgery is undertaken, a revised certificate incorporating the new name and gender must be issued. These provisions, the Court said, are in line with the Supreme Court’s judgment in NALSA v. Union of India, which recognised the right of transgender persons to self-identify their gender.
The Court also invoked Section 20 of the Act, noting that its provisions operate in addition to existing laws and must be read into all statutes, rules, and regulations in force. Justice Sharma clarified that harmonious construction must prevail, and only in cases of clear inconsistency would the special law override general laws.
Accordingly, BOSEM, COSEM, and MU were directed to issue fresh educational certificates in the petitioner’s revised name and gender. The Court further directed the Chief Secretary, Government of Manipur, to ensure incorporation of Sections 6 and 7 of the Act into all establishments within the meaning of Section 2(b). Until such incorporation takes place, these provisions shall be deemed to be part of all existing laws, rules, and by-laws governing establishments in the state.
Picture Source :
