All State Establishments Obligated To Record Transgender Person's New Name, Gender In Official Documents: Manipur High Court

The Manipur High Court has directed that provisions of the Right of the Transgender Persons (Protection of Rights) Act 2019 empowering a transgender person to get their identity recorded in all official documents shall apply to all "establishments" within the state. The court passed the order while allowing a transgender woman's plea to get her name and gender reflected as female in her educational certificates issued by the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COSEM) and Manipur University (MU). The petitioner had moved the high court against denial of name and gender change in her educational documents by the respondents, despite updation of her name and gender in her Aadhaar card, Voter ID card and PAN card. For context, Section 2(b) of Transgender Act, 2019 defines an “establishment” as any body or authority established by or under a Central Act or a State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company. As per the scheme of the Act under Section 5 a transgender person may make an application to the District Magistrate (DM) for issuing certificate identifying him or her as a transgender person and Section 6 empowers the D.M. to issue a certificate of identity as a transgender person and such gender shall be recorded in all official certificates/documents. Once the transgender person undergoes surgery to change gender, under Section 7 and on the basis of the certificate issued by the Medical Superintendent or Chief Medical Officer of the Institute where surgery has been performed, the DM shall issue a revised certificate with the new name and new gender of the transgender person i.e. either from male to female or female to male. Justice A Guneshwar Sharma in his order said:"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...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". The high court also took note of Section 20 which stipulates that the provision of this Act will be in addition to and not in derogation of any other law for the time being in force. In other words, the mandate of Section 20 is that the provisions of this Act, "especially of Sections 6 & 7 have to be read into any existing act/rules/bye-laws/regulations with respect to the new identity" of the transgender person under the new name and new gender, the court said. On the object of the Act the court further observed:"The Transgender Persons (Protection of Rights) Act, 2019 was enacted by Act of Parliament and got assent of the President of India on 05.12.2019 and published on the same day of extraordinary official gazette of India. 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 is inspired by the judgment of Hon'ble Supreme Court in National Legal Services Authority vs. Union of India (Supra) which recognized transgender as a third gender affirming their right to self identification and directed the Govt. to ensure their social and legal protection guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution of India. As inspired from the NALSA judgement, the Act recognizes a self-perceived gender as third gender apart from the ordinary binary gender of male and female including a diverse identity including hijras, kinner and intersex person". Examining the provisions the high court said that harmonious construction has to be resorted to subserve the main object of the new statute vis-à-vis the old statute and only if there is irreconcilable inconsistency, will the the special law shall overrule any other existing general law subject to the extent of the inconsistency. It thus directed, BOSEM, COSEM and MU to issue fresh education certificates under the new name and gender of the petitioner, as per Sections 6, 7, 10 & 20 of the Transgender Act and Rule 2(d) read with Annexure-I of the Transgender Rules 2020 and on the basis of certificates issued by District Magistrate, Imphal West.It said:"25[II] In all existing act/bye-laws/rules/regulations of any establishment within the meaning ...

All State Establishments Obligated To Record Transgender Person's New Name, Gender In Official Documents: Manipur High Court

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All State Establishments Obligated To Record Transgender Person's New Name, Gender In Official Documents: Manipur High Court

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