The Bombay High Court recently upheld gender identity for transgender persons in educational institutions. It conveyed that an institute cannot coerce an individual to adopt a name of a gender they do not identify with.
As a result of this judgement by the Maharashtra State Court, transgender persons residing in the state will no longer have to go through litigation for changing their names to a preferred name. Post Tuesday's order by the High Court all transgender persons can put their preferred name and gender identity in their official documents.
This judgement was presided over by Justices Gautam Patel and Neela Gokhale at the Bombay High Court. The bench expressed that no individual should be denied their identity or forced to adopt an identity they have previously rejected. Therefore an institution denying individuals their identity cannot be permitted to continue in that fashion.
Gender Identity For Transgender Persons In Educational Institutions Is Needed
The aggrieved petitioner standing before the Bombay High Court despite being born a female and identified as transgender. The petitioner has completed her postgraduate degree and wished to pursue law with a new name and gender identity. However, Tata Institute Of Social Sciences (TISS) refused to re-issue her academic certificates with her new name and gender identity.
The bench however noted that this is not a practice that only TISS can be accused of and other institutions in the State are guilty of it as well.
TISS had asked the petitioner for their birth certificate and school leaving certificate to reflect the name and gender identity that the petitioner wished for TISS to re-issue in the academic certificates.
Justices Patel and Gokhale both express that the aforementioned was an unfair demand put forward by TISS. Gender identities and sex are not synonymous and the former takes time to evolve and may not be evident on a birth certificate and school leaving certificate.
This demand therefore was unjust and was a violation of Article 21 which guarantees the right to a dignified life and the right to privacy.
The courts recognising the bereavement that transgender persons go through ruled that they should have the right for their documents to reflect their current gender identity and name.
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