Delhi High Court To Examine How Transgender Persons' Names Should Appear In Educational, Official Records

The Delhi High Court is set to decide as to how the names of transgender persons are to be published in educational records maintained by the University of Delhi and the Central Board of Secondary Education (CBSE). A division bench of Justice Prathiba M. Singh and Justice Madhu Jain observed that the issue raised could have far-reaching implications beyond educational certificates, extending to official documents including birth and death certificates, passports, Aadhaar cards and driving licences. The Court was dealing with a batch of petitions seeking implementation of the rights under the provisions of the Transgender Persons (Protection of Rights) Act, 2019. The three petitions have been filed in 2017 and 2019 by Riya Sharma, Aarav Singh and Raghav P R.On April 09, the counsel appearing for CBSE referred to the Transgender Persons (Protection of Rights) Amendment Act, 2026, by which the definition of the term “transgender person” under Section 2(k) of the 2019 Act has been substituted. It was submitted that in terms of Section 2(k)(ii) and the proviso thereto, as it stands post amendment, persons with different sexual orientation and self perceived sexual identities would not be included within the definition of transgender person.On the other hand, the petitioners' counsel said that the Amendment Act is yet to be notified and that the Petitioners are covered even by the definition of transgender person as substituted by the recent Amendment Act.On this, the Court observed that:“Considering that in these petitions, inter alia, directions are being sought in respect of the manner in which names of transgender persons are to be published in educational records, the impact of the directions that may be passed in these petitions could also extend to other areas of official documentation such as issuance of birth certificates, death certificates, Passports, Aadhar Cards, Driving Licenses and other official documents.”The Bench thus impleaded the Union Ministry of Social Justice and Empowerment as a respondent in the matter and sought its response within six weeks in all the matters.“If required, the MoSJE shall also seek appropriate stands of any other Ministry, Union of India, which would be necessary for passing comprehensive directions, in these petitions,” the Court said. It also directed the parties to file their respective written submissions at least one week before the next date of hearing which shall also address the amendments brought in by the Amendment Act. The matter is now listed on July 15. In October last year, a coordinate bench had expressed displeasure with the Central Government for failing to respond to the batch. Title: RIYA SHARMA v. UNION OF INDIA AND ORS & other connected mattersClick here to read order

Delhi High Court To Examine How Transgender Persons' Names Should Appear In Educational, Official Records

Nupur Thapliyal

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