Transgender Person Has Right To Apply For Revised Certificate Incorporating New Gender Self-Adopted Post-Surgery: Manipur High Court

The Manipur High Court observed that a transgender person has a right to apply for a revised certificate incorporating the new gender self-adopted post-surgery.

The Court considered the issue of whether a transgender person was entitled to update and correct his or her original name recorded in the educational qualification certificates and other official documents by the new name and gender.

The Bench of Justice A. Guneshwar Sharma observed, “From a conjoint reading of the provisions of Sections 4, 5, 6 & 7 of the Act, transgender person has a right to choose a self-perceived gender identity apart from the binary division of male and female. These provisions are in consonance with the judgment passed by Hon’ble Supreme Court in the NALSA Case (supra) where a transgender person is recognized as third gender and also transgender person has right to self-perceived gender identity. Upon an application to the D.M. under Section 5 of the Act, D.M. has to issue a transgender certificate with the gender as transgender and such certificate shall be recorded in all official documents. If a transgender person has undergone gender reassignment surgery and on the basis of the certificate issued by the concerned hospital where the surgery has been performed, a transgender person has a right to apply for a revised certificate incorporating the new gender self-adopted post-surgery.”

Senior Advocate Jayna Kothari represented the Petitioner, while Senior Advocate Y. Nirmolchand, Advocates, Th. Sukumar, N. Khelemba, U. Augusta and Anjan Prasad Sahu for Respondents.

Case Brief

The Petitioner was a biological male and her name was recorded as ‘Boboi Laishram’ in all certificates and documents. In her matriculation certificate, Class-12 certificate, M.B.B.S. certificate, Medical Council registration certificate and other educational certificates, the petitioner’s name is recorded as ‘Boboi Laishram’ and gender as ‘male’.

However, in 2019, the Petitioner went through a gender reassignment surgery. Thereafter, the gender of the petitioner has been changed from ‘male’ to ‘female’. The Petitioner’s name and gender was changed in her Aadhaar card, Voter ID card and PAN card respectively.

Thereafter, the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COHSEM), and the Manipur University (MU) did not accede to the request of the Petitioner.

Thus, the Petitioner approached the High Court to issue a direction to the Respondents that her name be recorded as ‘Beoncy Laishram’ and gender as ‘female’ in the educational certificate and other official documents.

Court’s Observation

The Manipur High Court noted that many High Courts mask the name of the transgender persons in the judgements delivered by them. However, the Manipur High Court was of the opinion that it may not be necessary and appropriate to mask the name of the transgender person in the proceedings, as such person is approaching the court for enforcing the constitutional and legal rights enshrined under Articles 14, 15, 16 & 21 of the Constitution of India as well as under the provisions of the Transgender Act, 2019 and the Transgender Rules, 2020.

Since the Petitioner in the Writ Petition was a transgender person, who approached the Court t for enforcement of her constitutional and legal rights, the High Court refrained from adopting the usual practice of concealing and masking the name of transgender person in this judgment and makes a well-considered departure by revealing the name of the transgender person so that this judgment becomes a torch to other transgender persons leading them to the path of access to justice.

The High Court highlighted the Statement of Objects and Reasons in Transgender Act, 2019. The Court said, “The object of the Act is to provide and protection of rights of transgender persons and their welfare and for matters connected and incidental thereto. The Act is enacted with several key objecting aim at addressing systematic discrimination and promoting dignity, equality and inclusion of transgender individual in India…. The Act prohibits discrimination in areas such as education, employment, healthcare, housing and access to public furniture and ensure equal opportunity and treatment under the law. The Act mandates the government to implement the welfare scheme including Skill Development Programme, Scholarship, Healthcare Services, Rehabilitation Programme and also guaranteed with parenting support.”

The Court emphasised that Section 3 of the Act prohibits any discrimination against a transgender person including in the field of education, employment, occupation, healthcare, altercation right to movement, reside and from enjoying various welfare programmes.

Further, the Court observed that it doesn’t find any substances in the stand of the BOSEM that in absences of any provision in the rules/bye-laws/regulations of the Board enabling it to change name and gender in the education certificate issued earlier, the request of the petitioner for change of new name and new gender in terms of the Sections 6 & 7 of the Transgender Act, 2019 cannot be acceded.

Accordingly, the Court directed educational institutes to issue fresh certificates to transgender person under new name and gender and allowed the Writ Petition.

Cause Title: Dr. Beoncy Laishram V. The State of Manipur & Ors.

Appearance:

Petitioner: Senior Advocate Jayna Kothari and Advocate Murad Shareef

Respondents: Senior Advocate Y. Nirmolchand, Advocates Th. Sukumar, N. Khelemba Adv. for Mr. I. Denning, U. Augusta & Anjan Prasad Sahu

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