[Transgender Rules 2020] Karnataka HC asks educational institution to change transgender’s name and gender as female [Read Order]
The Karnataka High Court recently observed that under the recently notified “Rules for transgender people (protection of rights), 2020‘ (Rule 3), transgender people who have officially registered their gender change, whether as male, female or transgender, before the entry into force of the Act are not required to submit an application for a certificate of identity under these rules.
In view of the above observation, the Chamber of Judge John Michael Cunha directed the Karnataka State (Department of Pre-University Education), Karnataka Secondary Education, CBSE, Rajiv Gandhi University of Health Sciences (Bengaluru) and Father Muller Medical College (Mangalore) to change the applicant’s name and gender (a transgender) in their respective school records as chosen name and gender as “female” and issue a revised grade card.
The petitioner claimed to be a transgender whose sex does not match the sex assigned to her at birth, which is male.
The applicant was born as a biological male and in the birth certificate; her sex has been shown to be male.
According to the petitioner, she identified herself as a woman from an early age. Even though she was designated as male at birth, her self-identified gender identity is female.
The petitioner changed her name by signing an affidavit dated 31.10.2019 regarding her intention to change her name and gender in two newspaper publications in “Vijaya Karnataka” dated 5.11.2019 and “Times of India” in date of 05.11.2019.
The petitioner also obtained an Aadhaar card and passport with her name given at birth and her gender as a woman.
However, his complaint was that the defendants had refused to change the name and sex of the applicant in the SSLC and PUC trademark cards and, therefore, the applicant requested a subpoena in the nature of a mandamus directing the Department of pre-university education, Bengaluru and Karnataka. Secondary Education Examination Board, Bengaluru to issue a revised pre-university certificate and rescind the ordinance adopted by respondent No. 4-The Central Council of Secondary Education, Chennai and to issue a revised CBSE Trademark Card showing his name as the chosen name and also for a mandamus term ordering Rajiv Gandhi University of Health Sciences, Bengaluru and Father Muller Medical College, Mangalore to change the applicant’s name and gender in MBBS Marks card as ‘Christina Lobo’ and her gender as female and issue revised grade card and school records.
Respondent’s counsel # 3 appearing on behalf of the Karnataka Secondary Education Review Board, argued that under Transgender People (Protection of Rights) Act, 2019, a transgender person is required to file an application with the district magistrate for the issuance of a certificate of identity as a transgender person.
Further, the learned lawyer argued that there is no provision in the board’s examination regulations to effect the change of gender and name of students and, therefore, the order made by the third respondent does not. can be blamed.
The applicant’s lawyer pointed out that where the identity of the applicant has been changed well before the entry into force of the law, the procedure provided by the law is not applicable to the applicant and, therefore, taking into account the instructions issued by the Supreme Court in the In the NALSA case, the state government, and all of its instruments, are required to recognize the self-identified gender of the applicant and, therefore, respondents should be required to make the necessary changes to the records kept in their offices. respective ones concerning the applicant.
Observations of the Court
The Court observed that the right of transgender people to decide their identity has been respected by the Supreme Court of India in the famous National Legal Services Authority v. Union Of India And Others, (2014) 5 SCC 438.
The petition was accepted and Respondent No. 2 (Karnataka State Department of Pre-University Education) and 3 (Karnataka Secondary Education Review Committee) were asked to issue a revised pre-university certificate to the petitioner indicating her name as the chosen name.
Thus, the decree of 12.02.2020 passed by respondent n ° 4 (the Central Council for Secondary Education) has been put aside.
Further away, respondent n ° 4 (the Central Council for Secondary Education) was ordered to issue a revised CBSE Trademark Card showing the Applicant’s name as the chosen name and her gender as “female”.
Likewise, defendant n ° 6 (Rajiv Gandhi University of Health Sciences, Bengaluru) and 7 (Father Muller Medical College, Mangaluru) were asked to change the name and gender of the petitioner in the MBBS files as chosen name and sex as “female” and to issue a revised grade card and respondents are to keep school records relating to the petitioner accordingly.