Facts:
The Petitioner approached the respondent authorities to seek change of her name
and gender change in her CBSE, Pre-university and her MBBS records. She had
undergone gender affirmative surgery and legally changed her name and gender prior
to the Act being enacted. The Respondents had rejected her request and hence she
approached the High Court.
Court Decision and Reasoning:
It was argued by the Respondents that the Petitioner must first obtain a certificate of
identity under the Act and only thereafter she can seek change of name in her legal
documents. The Court held that as ruled in the NALSA judgement, transgender
persons have the right to decide their self-identity. It reiterated that gender, constitutes
the core of one’s sense of being as well as an integral part of a person’s identity and
that Legal recognition of gender identity is, therefore, part of right to dignity and
freedom guaranteed under our Constitution. Self- determination of gender is an
integral part of personal autonomy, self-expression and personal liberty guaranteed
under Article 21 of the Constitution of India. The Court also relied on Rule 3 of the
Transgender Persons (Protection of Rights) Rules, 2020 which provides that
transgender persons who have officially recorded their change in gender, prior to the
coming into force of the Act shall not be required to apply for a certificate of identity.
Since the identity of the petitioner was officially recorded in her Aadhaar card and
passport, she is not required to make an application for certificate of her identity. The
Court allowed the petition and directed the Respondents to issue the revised pre
university, CBSE and MBBS certificates.
Significance:
The decision is significant as the Court held that persons who had undergone change
of name and gender identity prior to the coming into force of the Act would not be
required to seek an identity card to change their name and gender in legal documents.