Against Spirit Of Transgender Persons Act: Uttarakhand HC Orders State To Decide On Proposal To Amend Regulation Restricting Change Of Name By Transgender Persons
The Uttarakhand High Court has directed the Government of Uttarakhand to decide on the proposal to amend the regulations restricting transgender individuals to change their names.
The Court stated that the State Government had been sitting tight over the matter for a while, and this delay was against the “public interest” and “the spirit of the Transgender Persons (Protection of Rights) Act, 2019.”
A Single Bench of Justice Manoj Kumar Tiwari observed, “Secretary, School Education Department, Government of Uttarakhand is directed to take decision on the proposal submitted by respondent no. 2 on 26.08.2023 and 05.02.2024 in the light of the spirit of the Transgender Persons (Protection of Rights) Act, 2019 and the Rules framed thereunder, within three weeks from the date of production of certified copy of this order.”
Advocate Amanjot Singh Chadha appeared for the petitioner, while SC Suyash Pant represented the respondent.
The petitioner underwent sexual reassignment surgery in 2020. A certificate from the hospital confirmed the change from being female to male. Consequently, the petitioner received an identity card from the District Magistrate as per Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 read with Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020.
However, the Uttarakhand School Education Board (Board) rejected the petitioner's application for changing the name and sex in the mark sheet/certificates issued in respect of High School and Intermediate examinations.
The sole reason assigned for rejecting the petitioner’s application was that his case was not covered by the Regulations framed by the Board. Thus, feeling aggrieved, the petitioner has approached this Court.
The Board submitted that the application for changing the name/sex could not be entertained, as the Regulations only permitted change when the name was obscene, sounded like an abusive word or appeared to be disrespectful.
The High Court stated that the Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019 to confer rights upon transgender persons. The Bench reiterated that the Supreme Court in National Legal Services Authority v. Union of India (2014) has recognised the right to decide self-identity and gender.
The Court stated that the grounds for rejecting the petitioner’s application could not be sustained in the eyes of the law. The Bench explained that the Regulation on which the Board relied by for rejecting the petitioner’s application was incorporated in the statute book before the case of National Legal Services Authority (supra). “Parliament has also stepped in for protecting the rights of transgender persons,” the Court remarked.
“In view of these developments, Regulation 27 cannot remain static. Uttarakhand School Education Board, which is responsible for incorporating change in the name/sex of a student in the certificates has recognised the right of transgender persons and has submitted proposal seeking permission to amend the Regulations. State Government, however, is sitting tight over the matter. Delay on the part of State Government is against public interest and is also against the spirit of the Transgender Persons (Protection of Rights) Act, 2019,” the Bench observed.
Consequently, the Court set aside the impugned rejection order.
Accordingly, the High Court allowed the petition.
Cause Title: X v. State Of Uttarakhand & Ors. (Neutral Citation: 2024:UHC:6094)
Appearance:
Petitioner: Advocate Amanjot Singh Chadha
Respondents: SC Suyash Pant; Advocate Virendra Singh Rawat