THE ALLAHABAD HC DIRECTED THE STATED AUTHORITIES TO TAKE IMMEDIATE STEPS TO CHANGE THE NAME-GENDER IN THE MARK SHEETS OF A TRANSWOMAN

Justice Vivek Chaudhary of the Allahabad High Court directed the State Government and authorities to take quick steps to change the name and gender in the educational mark sheets of a transwoman who underwent gender-reassignment surgery. 

Shivanya Pandey, a transwoman who recently underwent surgery, filed a petition before the Court, seeking direction to change her name and gender in certificates and mark sheets. She informed the Court that she was suffering from gender dysphoria, and in 2017, she underwent surgery from male to female. After her gender-reassignment surgery, her PAN card and Aadhar were issued accordingly. She then applied to change her name and gender in her school mark sheets, but the state authorities refused to entertain the request. Aggrieved by the same, the petitioner approached the HC.

The Court relied on Section 6(1) of the Transgender Persons (Protection of Rights) Act, 2019. It held that the petitioner is allowed to issue appropriate certificates in view of her change of gender. To which the state argued that the petitioner underwent a gender-reassignment surgery prior to the 2019 Act and hence not entitled. 

After hearing the parties, the Court at the outset noted:

"The purpose of bringing the Act in force is to provide equality to the transgender persons. The Act is a socially beneficial legislation and, therefore, cannot be given an interpretation that would defeat the same purpose. It has to be interpreted in a way where the purpose is achieved." The Court also observed section 7 of the Act and allowed the petitioner to submit an application u/s 7 to the District Magistrate. 

Author: Papiha Ghoshal