Transgender persons entitled to have their new name, gender reflected in all educational docs: Manipur High Court

The Manipur High Court recently held that a transgender person is entitled to have their changed name and gender updated in all educational certificates and official documents. 

Justice A Guneshwar Sharma rejected the argument that a transgender person’s name and gender cannot be changed by an institution in the absence of any provision in its rules/bye-laws/regulations. 

“It is reiterated at the expenses of repetitions that the provisions of Sections 6 & 7 of the [Transgender Persons (Protection of Rights) Act, 2019] have to be read into the rules/bye-laws/regulations of the board in terms of the provision of Section 20 of the Act, read with Rule 2(d) Annexure-I of the Transgender Rules, 2020,” the Court held. 

Sections 6 and 7 of the Transgender Act 6 allow the recognition of transgender identity of a person and updation of the same in official documents once a gender reassignment surgery has been carried out. 

Notably, the Bench also said that an intermediary or the last educational institution (like a university) need not wait for the corrections to be made in the certificates granted by the first institute the person attended. 

“The last or intermediary ‘establishment’ does not require to wait for the first establishment to make the necessary correction. This Court is of the opinion that ‘any establishment’, as defined under Section 2(b) of the Act, has an obligation under Section 10 of the Act to make necessary correction for the new name and gender of the transgender person recorded in the certificates in terms of Sections 6 & 7 of the Act, without waiting for such correction by the initial institute,” the Court said. 

Justice Sharma rendered these findings while dealing with a plea filed by Dr Beoncy Laishram, a transgender woman whose educational and professional record still reflected her birth name, Boboi Laishram, and male gender. 

After undergoing gender reassignment surgery in October 2019, Dr Laishram obtained all relevant legal documents, Aadhar, Voter ID and PAN card, reflecting her new name and female gender. Despite this, State boards and university authorities refused to update her educational certificates. 

Dr Laishram’s petition sought fresh certificates from the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COHSEM), Manipur University, and Manipur Medical Council, reflecting the change to Beoncy Laishram and female gender. 

After considering the case, the Court ordered the educational institutions to issue fresh certificates to Dr Laishram. 

Further, it ordered that the provisions of Sections 6 and 7 of the the Right of the Transgender Persons (Protection of Rights) Act, 2019 shall be incorporated in all establishments in Manipur. 

“Till the incorporation as directed in Para 25 (II) above is made by the establishments, the provisions of Sections 6 & 7 of the Right of the Transgender Persons (Protection of Rights) Act, 2019 shall be deemed to be read into and incorporated in all the existing act/bye-laws/rules/regulations in terms of the provision of the Section 20 of the Act,” the Court added. 

It ordered the State Chief Secretary to issue necessary directions. 

Senior Advocate Jayna Kothari and advocate Md Murad Sareef appeared for the petitioner. 

Senior Advocates Y Nirmolchan and advocates Th Sukumar, N Khelemba, I Denning, U Augusta and Anjan Prasad Sahu appeared for the respondents. 

[Read Judgment]