[Transgender Rules 2020] Karnataka HC Directs Educational Institution To Change The Name Of A Transgender, And Her Gender As Female [Read Order]
The Karnataka High Court recently observed that under the recently notified 'The Transgender Persons (Protection of Rights) Rules, 2020' (Rule 3), the transgender persons who have officially recorded their change in gender, whether as male, female or transgender, prior to the coming into the force of the Act are not required to submit an application for a certificate of identity under...
The Karnataka High Court recently observed that under the recently notified 'The Transgender Persons (Protection of Rights) Rules, 2020' (Rule 3), the transgender persons who have officially recorded their change in gender, whether as male, female or transgender, prior to the coming into the force of the Act are not required to submit an application for a certificate of identity under these rules.
In view of the aforesaid observation, the Bench of Justice John Michael Cunha directed the State Of Karnataka (Department Of Pre-University Education), The Karnataka Secondary Education, CBSE, Rajiv Gandhi University Of Health Sciences (Bengaluru) and Father Muller Medical College (Mangalore) to change the name and gender of the petitioner (a Transgender) in their respective educational records as her chosen name and her gender as "female" and issue revised marks card.
Facts
The petitioner claimed to be a transgender whose gender does not match with the gender assigned to her at birth i.e., Male.
The petitioner was born as a biological male and in the birth certificate; her gender was shown as male .
According to the petitioner, she had identified herself as a female from a very young age. Even though she was assigned as male at birth, her self-identified gender identity is female.
The petitioner changed her name from by executing an affidavit dated 31.10.2019 regarding her intent to change her name and gender in two newspaper publications in 'Vijaya Karnataka' dated 5.11.2019 and 'Times of India' dated 05.11.2019.
The petitioner also obtained Aadhaar Card and Passport with her name given at birth and gender as female.
However, her grievance was that the respondents refused to change the name and gender of the petitioner in SSLC and PUC marks cards and therefore the petitioner sought for a writ in the nature of mandamus directing The Department of Pre-University Education, Bengaluru and the Karnataka Secondary Education Examination Board, Bengaluru to issue a revised Pre-university certificate and to set-aside the order passed by respondent No.4-The Central Board of Secondary Education, Chennai and to issue revised CBSE marks card showing her name as the chose name and also for a writ of mandamus directing Rajiv Gandhi University of Health Sciences, Bengaluru and Father Muller Medical College, Mangalore to change the name and gender of the petitioner in MBBS Marks card as 'Christina Lobo' and her gender as female and issue revised marks card and educational records.
Arguments put forth
The counsel for respondent No.3 appearing on behalf of Karnataka Secondary Education Examination Board, raised a plea that under The Transgender Persons (Protection of Rights) Act, 2019, a transgender is required to make an application to the District Magistrate for issuance of a certificate of identity as a transgender person.
Further, the learned counsel submitted that there is no provision in Examination Bye-laws of the Board to effect change in gender and name of the students and therefore, the order passed by the third respondent cannot be faulted with.
The Counsel for the Petitioner emphasized that when the identity of the petitioner having been changed much prior to the Act coming into force, the procedure contemplated under the Act is not applicable to the petitioner and therefore in view of the directions issued by the Apex Court in NALSA's case, the State Government, as well as all its instrumentalities, are required to grant recognition to the self-identified gender of the petitioner and therefore the respondents be directed to effect necessary changes in the records maintained in their respective offices relating to the petitioner.
Court's Observations
The Court observed that the Transgender persons' right to decide their self-identity has been upheld by the Supreme Court of India in the celebrated case in National Legal Services Authority v. Union Of india And Others, (2014) 5 SCC 438.
The petition was allowed and Respondent Nos.2 (State Of Karnataka Department Of Pre-University Education) and 3 (The Karnataka Secondary Education Examination Board) were directed to issue revised pre-university certificate to the petitioner showing her name as her chosen name.
Thus, the order dated 12.02.2020 passed by respondent No.4 (The Central Board Of Secondary Education) was set-aside.
Further, respondent No.4 (The Central Board Of Secondary Education) was directed to issue revised CBSE marks card showing the name of the petitioner as her chosen name and her gender as "female".
Likewise, respondent Nos.6 (Rajiv Gandhi University Of Health Sciences, Bengaluru) and 7 (Father Muller Medical College, Mangaluru) were directed to change the name and gender of the petitioner in MBBS records as her chosen name and her gender as "female" and issue revised marks card and the respondents shall maintain the educational records relating to the petitioner accordingly.
[Read Order]