Transgenders entitled to new name and gender in educational documents: Manipur HC

Imphal, Aug 19 In a landmark judgment, the Manipur High Court on Tuesday has directed the state’s education boards and institutions to issue fresh certificates to Beoncy Laishram, the state’s first transgender doctor, reflecting her updated name and gender.

The 32-year-old doctor Laishram, earlier known as Boboi Laishram, underwent gender reassignment surgery in 2019 and was officially recognised as female by the District Magistrate, Imphal West district, under the Transgender Persons (Protection of Rights) Act, 2019.

Despite updates in her Aadhaar, PAN, and voter identity card, her requests to the Board of Secondary Education Manipur, Council of Higher Secondary Education Manipur, Manipur University and Manipur Medical Council to update her academic and medical registration certificates were denied.

Justice A. Guneshwar Sharma ordered that under Sections 6 and 7 of the Transgender Act, 2019 and Rule 2(d) of the Transgender Rules, 2020, institutions are legally bound to recognise the updated name and gender of transgender persons in all official documents, including educational certificates.

The court ordered the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COHSEM), Manipur University and the Medical Council to issue new certificates within a month, while also directing the Chief Secretary to instruct all establishments in Manipur to comply with the Act.

The judgment is seen as a significant step in affirming the rights of transgender persons and ensuring their access to education and professional opportunities without discrimination.

Justice Sharma ruled that transgender individuals have a clear legal right to have their self-perceived gender identity and new name reflected in all official documents, including educational certificates, as mandated by the Act.

The court emphasised that these provisions must be incorporated into the rules and bylaws of all establishments, including educational institutions, to ensure compliance.

The High Court order said that even though none of the parties herein has argued, this Court refers to the provisions of Sections 16 and 17 of the Act of 2019, where the Central Government is to constitute ‘National Council for Transgender Persons’ headed by the Union Minister of Social Justice and Empowerment mainly to advise the government in framing policies and programmes under the Act and monitor the implementation of the Act.

“Such a Council can also redress the grievances of transgender persons. It is clarified that the primary function of the Council is to advise the Central Government in the implementation of the Act and is basically a monitoring committee. Having the power to redress the grievances of transgender persons does not mean the Council is to function as a primary adjudicating authority under the Act. The Council, comprising many members across the country, will face difficulty in regular adjudication of the grievances,” the HC order said.

Beoncy Laishram’s victory is being hailed as a beacon of hope for the transgender community in Manipur and other parts of the country.

“This High Court ruling is a powerful affirmation of our identity and rights. It paves the way for others to live with dignity and access opportunities without being forced to approach courts repeatedly,” said a local transgender activist.

--IANS

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