Prayagraj: In a landmark order to uphold the rights of transgenders to change their genders and also get their names changed accordingly, the Allahabad high court has directed the Uttar Pradesh education department authorities to make the required change in documents of a petitioner.
The court ordered the education dept officials to issue fresh marks sheet certificates after the petitioner underwent a gender transition surgery, from female to male.
Allowing a writ petition filed by one Sharad Roshan Singh, Justice Saurabh Shyam Shamshery set aside an order dated April 8, 2025 passed by regional secretary, Madhyamik Shiksha Parishad, Bareilly, by which the application of the petitioner for the change of name after the gender change was rejected on the ground that that relevant provisions and government order did not provide any procedure for correction of name in educational documents at a very belated stage. The order also said that provisions of the Transgender Persons (Protection of Rights) Act, 2019 read with Rules, 2020 were not applicable on him.
The petitioner was recognized as transgender person under the aforesaid Act of 2019. The district magistrate concerned in terms of section 6 of the Act of 2019 had issued a certificate of identity. Sharad had also obtained official recognition of his gender change from the DM after undergoing the transition surgery.
Subsequently, he requested the modification of his educational certificates to reflect his new name and gender. However, regional secretary, Madhyamik Siksha Parishad, rejected his application on the aforesaid grounds on April 8, 2025.
Appearing on behalf of the petitioner, senior advocate HR Mishra and Chitrangada Narayan relied on various judgments of apex court and high courts of the other state to assert the right of the petitioner to get his name changed after gender change.
The court held that the Board and government authorities had violated Section 20 of Transgender Persons (Protection of Rights) Act, 2019 Act. This section provides a special legal framework granting priority over other laws.
Under Rule 5(3) and Annexure-1 of the Act, transgender persons can modify all official documents. This includes educational certificates, which can be updated to reflect their correct name, gender, and photograph.
In his judgment on Nov 6, the court said, “The Transgender Persons (Protection of Rights) Act, 2019 is a special Act. Section 20 of the Act, 2019 provides that provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. Therefore, the concerned respondents (education authorities of the state) have committed a legal error by not applying the provisions of the Act of 2029 in favour of the petitioner.”
Courtesy : TOI
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