Alka Verma –
Published On: November 27, 2021 at 18:00 IST
On Friday, the Lucknow Bench of the Allahabad High Court ordered the State Government of Uttar Pradesh to immediate change the name as well as the gender of a Transgender in her educational marksheets and certificates.
A Single Bench of Justice Vivek Chaudhary also directed the District Magistrate to issue the fresh changed mark sheets and certificates to the Petitioner.
The Court made all these directions while dealing with a Petition filed by a person who was earlier a man but changed her gender identity into a female in October 2017.
After this, she also got published a gazette notification regarding the change of her name and gender and accordingly, she got a fresh AADHAR card as well as a PAN card freshly issued.
However, when she approached to the Examination Department, the fresh certificates were denied to her.
According to the Examination Department, there was no provision mentioned in the Intermediate Education Act, 1921 to deal with the request of the Petitioner.
Through the Petition, the Petitioner requested the Court to pass direction to U.P. Board to change her name and gender in her matriculation certificate.
Similarly, she also asked the Court to issue direction for the Indian Schools Examination, New Delhi (CISE Board) to change her name and gender in her intermediate certificate.
However, the State Counsel contented that such certificates can only be issued under Section 7 of the Act and it can only be issued to a person who is having a certificate under Section 6 of the Act.
Adding to this, the State Counsel also stated that since the Petitioner doesn’t have a certificate under Section 6 of the Act, she is not entitled to have a certificate under Section 7 of the Change in gender Act.
“Only on the basis of such a certificate issued by the District Magistrate under Section 7 of the Act the transgender person can apply for a change of their birth certificate and other official documents relating to their identity. Denying such a right to persons who had already undergone the gender reassignment procedure would frustrate the very purpose of the Act, as large number of persons would be left out discriminated in the society,’ stated the Court after listening to both the sides.
At the end, the Court issued directions to all the concerned authorities to immediate change the name as well as the gender of a Transgender in her educational marksheets and certificates.