Facts:
The Petitioner was assigned female at birth, and was employed as a Physical Training
Instructor, under the General Female category. The Petitioner underwent SRS and
changed his documents to reflect his identity as male and sought a change in his
service records which was not done. The Petitioner therefore approached the High
Court.
Court Decision and Reasoning:
In this case the Respondents argued that if the Petitioner has changed his gender
after undergoing surgery, then he should get a declaration from the Civil Court and
only thereafter the name and gender of petitioner can be changed in the service
record. The Court held that the very purpose of bringing in force the 2019 Act was to
give recognition to transgender persons as they perceived themselves and to provide
them appropriate changed certificates and identity documents. Thus it held that
Section 7 is required to be interpreted in a manner that transgender persons who are
issued a certificate under Section 6 or who had undergone gender reassignment
procedure prior to coming into force of the Act, both are entitled to a certificate
indicating change in gender. Denying such a right to person who had already
undergone gender reassignment would frustrate the very purpose of the Act and held
that the petitioner was entitled to get the change of his name and gender in his service
record. As he was also married and had a child if the identity of petitioner is not
corrected in his service record, it would be difficult for his family to get service benefits.
Thus, the court directed the petitioner to apply before the District Magistrate who
should issue the required certificate to the petitioner within 60 days and thereafter get
the change done in his service record.
Significance:
The High Court directed the Chief Secretary of the State to instruct all District
Magistrates to ensure implementation of the provisions and guarantees provided by
the Transgender Persons Act, 2019 including the establishment of a grievance
redressal mechanism forum in each district.