MUMBAI: The Bombay High Court has directed the government of Maharashtra to instruct all educational institutions in the state to allow retrospective changes of name and gender in their records.
Gautam Patel and Neela Gokhale, the division bench of Justices, in its order of April 25, said the questions of identity and gender perception don't happen at a "biologically definable point".
The Cout said that earlier orders passed by the Apex Court "direct us towards greater inclusiveness and acceptance of individuality and individual traits." This is a case of denial of a human being's self-identity and self-identification. That can't be done and can't be permitted. Neither can an institute be allowed to force upon the petitioner a name, identity or gender that the petitioner has chosen to reject in preference to some other," it went on to say.
The petitioner, a Tata Institute of Social Sciences (TISS) graduate who identifies as transgender, requested that the institute modify their name and gender in their educational records. The petitioner, using their original feminine identity, got an MA in Development Studies from the TISS in 2013. The petitioner changed their name in 2015, came out as transgender, and requested a fresh certificate from the TISS with their new name and gender. When the institute didn't respond, the petitioner went to the HC.
The HC stated that the TISS's demand that the petitioner first present older academic records reflecting the new name and gender was not just obstructionist but also a violation of the petitioner's fundamental rights. There is no biologically defined time at which identity, self-identification, or gender perception questions arise. These are issues of self-realization without fixed deadlines, High Court said.
The court further stated that no one should be forced to go through the ordeal of having every document they have ever received since birth reissued in order to make such modifications. The court ordered TISS to provide fresh certificates and change the petitioner's name and gender in the educational records. Additionally, it instructed the institute to update its website to add a form for such adjustments. The state government must also give the required directions to all similar educational institutes in Maharashtra, High Court said..
SC lifts ban on development activities within ESZs
SC stays Madras HC order quashing ban on gutka, tobacco products
