In a significant ruling that reinforces the rights of transgender individuals, the Allahabad High Court has directed the Uttar Pradesh education department to issue updated educational documents reflecting the changed name and gender of trans persons who have undergone gender transition surgery. This order came in response to a petition filed by Sharad Roshan Singh, whose application for a name change in his educational records was earlier rejected by the regional secretary of Madhyamik Siksha Parishad, Bareilly.
Justice Saurabh Shyam Shamshery, presiding over the single-judge bench, set aside the previous order dated April 8, 2025, which denied Singh's request. The rejection was based on the grounds that existing regulations lacked procedures for name correction in educational documents at a belated stage and that the Transgender Persons (Protection of Rights) Act, 2019, and its accompanying Rules of 2020, were not applicable in this instance.
The court, however, emphasized that the 2019 Act is a special law designed to protect the rights of transgender individuals. Section 20 of the Act stipulates that its provisions are supplementary to, and not in derogation of, any other existing law. Therefore, the court found that the education authorities erred legally by not applying the provisions of the 2019 Act in favor of the petitioner.
Singh had been recognized as a transgender person under the 2019 Act, and the district magistrate had issued a certificate of identity under Section 6. Following gender transition surgery, another certificate was issued under Section 7 of the Act. Subsequently, Singh applied for a name change in his educational documents, as permitted under Rule 5(3), but this was rejected.
The High Court clarified that Rule 5(3) and Annexure-1 of the Act allow transgender persons to modify all official documents, including educational certificates, to accurately reflect their name, gender, and photograph. The court asserted that denying this right infringes upon the constitutional rights of equality, dignity, and non-discrimination guaranteed to transgender individuals.
The court underscored that the state has a constitutional obligation to provide transgender people with equal access to educational and employment opportunities and that equality should be reflected not just in law but also in lived experiences. The government's inaction was viewed as a systematic denial of the rights of transgender individuals.
The Allahabad High Court instructed the UP education department and the Board to implement the necessary changes and issue updated certificates within eight weeks. This ruling is expected to have a far-reaching impact, potentially requiring amendments to existing regulations to align with the rights and protections provided under the Transgender Persons (Protection of Rights) Act, 2019.
