Manipur High Court upholds transgender rights to update name and gender in official documents
High Court of Manipur
has affirmed the right of transgender individuals to update their name and gender in educational certificates and other official documents.
The ruling was delivered by Justice A. Guneshwar Sharma in the case of 'Dr. Beoncy Laishram versus The State of Manipur & Others'.
Dr. Beoncy Laishram, a 32-year-old transgender woman and
MBBS
degree holder, approached the court seeking to update her name from 'Boboi Laishram' to 'Beoncy Laishram' and her gender from 'male' to 'female' in her educational certificates, including her High School Leaving Certificate, Higher Secondary School Leaving Certificate, MBBS degree, and
Medical Council
registration certificate.
The petitioner, who underwent gender reassignment surgery in 2019, had already obtained a transgender identity certificate from the District Magistrate, Imphal West, under the 'Transgender Persons (Protection of Rights) Act, 2019'. Despite this, the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COHSEM), Manipur University, and Manipur Medical Council had not updated her certificates, prompting her to seek judicial intervention.
The court's ruling addressed the core issue: whether a transgender person is entitled to update their name and gender in educational and official documents under Sections 6 and 7 of the 'Transgender Persons (Protection of Rights) Act, 2019' and the associated 'Transgender Rules, 2020'.
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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 emphasized that these provisions must be incorporated into the rules and bylaws of all establishments, including educational institutions, to ensure compliance.
In a notable departure from the practice of masking transgender individuals' names in judgments, the court chose to reveal Dr. Beoncy Laishram's identity, recognizing her as a pioneer and inspiration for others in the transgender community. 'Masking her name would amount to treating her as a victim of a crime, which she is not,' the court stated, highlighting her courage in advocating for her constitutional and legal rights under Articles 14, 15, 16, and 21 of the Constitution of India.
The court directed BOSEM, COHSEM, Manipur University, and the Manipur Medical Council to issue fresh certificates reflecting Dr. Laishram's new name and gender within one month. Additionally, it mandated the Chief Secretary of Manipur to ensure that all establishments in the state incorporate the provisions of the 'Transgender Act, 2019' into their regulations, reinforcing the Act's non-derogation clause under Section 20. The court also clarified that a minor typographical error in the transgender certificate issued by the District Magistrate would not impede Dr. Laishram's rights.
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