The petitioner, in this case, is a transwoman seeking a change in her educational records to reflect her correct name and gender identity. Despite the existence of official certifications, Respondents refused to change the name and gender in the petitioner’s 10th Standard (CBSE), Pre-University Certificate (PUC) Mark Cards and MBBS Records.
ISSUE & DECISION
The issue before the Court was whether the petitioner should be allowed to change her name and gender in her school, pre-university, and university educational records by following the procedure prescribed under the Transgender Persons (Protection of Rights) Act (the Act) enacted in December 2019, even if she had undergone the name and gender change procedure before the coming into force of the Act.
The Court recognised that the Petitioner has an inherent right to self-identified gender as guaranteed in NALSA. The judgment delivered in Jeeva M. vs. State of Karnataka was referred to and the circular issued subsequently to CBSE and the Pre-University Board to the effect of allowing a change in school and college records without driving applicants to Court was also noted. The Court held that Rule 3(3) of the Trans Rules clearly states that a person who has already officially recorded their change of name and gender need not make an application under the Act. As the Petitioner has already obtained an Aadhar & Passport reflecting her correct name and gender, she is not required to undertake any new registration procedures. Therefore, the Court directed said respondents to change her name to her chosen name and gender to ‘female’ in CBSE Marks Card, PUC Marks Card, MBBS Records, and to issue revised mark cards and educations records reflecting the same.
This judgment serves as a judicial precedent to ensure that trans persons who have already recorded their self-identified name and gender in official documents before the coming into force of the Act are not required to make a second application under the Trans Act. It further buttresses the obligation on all state and central authorities and educational institutions to make changes to/record the self-identified name and gender of trans persons.