Centre asked to clarify position on transgender identity in official records: Delhi HC

New Delhi [India], April 15 : The Delhi High Court has sought a detailed response from the Union of India on issues concerning the recognition and recording of transgender persons in educational and official documents, observing that the outcome of the case could have far-reaching implications across multiple government records.

A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain, while hearing a batch of petitions, directed that the Secretary of the Ministry of Social Justice and Empowerment (MoSJE) be impleaded as a respondent and asked the Centre to file its stand by way of an affidavit within six weeks.

The Court noted that the petitions raise questions regarding how transgender persons are identified in certificates issued by institutions such as the University of Delhi and the CBSE.

It further observed that any directions passed in the matter may also affect other official documentation, including birth and death certificates, passports, Aadhaar cards and driving licences.

During the hearing, counsel for CBSE referred to the Transgender Persons (Protection of Rights) Amendment Act, 2026, highlighting changes in the statutory definition of a "transgender person." However, the petitioners argued that the amendment is yet to be notified and submitted that they would fall within the amended definition in any case.

Taking note of the broader ramifications, the Court permitted the Centre to consult other ministries, if required, to assist in framing comprehensive directions. It also directed parties to file written submissions addressing the effect of the amendment before the next date of hearing on July 15, 2026.

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