Nainital: On Thursday, in a historical decision, the Uttarakhand High Court, led by Justice Manoj Kumar Tiwari, ordered an amendment in education board rules to protect the rights of transgenders. HC also quashed the Uttarakhand School Education Board’s decision to deny the change of name and gender in educational certificates of a transgender petitioner, Shreyansh Singh Bisht. The court also directed the state authorities to amend the existing regulations in accordance with the Transgender Persons (Protection of Rights) Act, 2019.
What was the case?
The petitioner, formerly known as Ms. Seema Bisht, underwent sexual reassignment surgery in 2020 and legally changed their name and gender. Despite holding an identity card issued by the District Magistrate, Nainital, under Section 7 of the Transgender Persons (Protection of Rights) Act, 20191, their request to update their name and gender in educational certificates was denied by the Uttarakhand School Education Board. The Board cited that their case was not covered under Clause 27 of Chapter-12 of its Regulations, which only allows changes to names that are obscene, abusive, or disrespectful. The Act provides legal recognition of transgender individuals as a third gender and recognizes their right to self-identification based on their gender identity.
Legal Issues and Court’s Observations
The court observed that the existing regulations of the Uttarakhand School Education Board, which were established before the Supreme Court’s decision and the enactment of the Transgender Persons (Protection of Rights) Act, 2019, do not adequately account for the legal protections now available to transgender individuals. Citing the Karnataka High Court’s ruling in Jeeva M V State of Karnataka, Justice Tiwari emphasized that state authorities should not compel transgender individuals to repeatedly seek court intervention for changes in official documents after undergoing gender reassignment.
Court underscored the necessity for regulation to be adapted
The Court further underscored the necessity for regulations to adapt as soon as possible, stating: “Regulation 27 cannot remain static. Uttarakhand School Education Board, which is responsible for incorporating change in the name/sex of a student in the certificates, has recognized the right of transgender persons and has submitted a proposal seeking permission to amend the Regulations. The State Government, however, is sitting tight over the matter.”
Court quashed the rejection order of education board
The High Court invalidated the rejection order issued by the Uttarakhand School Education Board on August 18, 2021, and granted the petitioner’s request. The court directed the Secretary of the School Education Department, Government of Uttarakhand, to review the proposed amendments to Regulation 27 in alignment with the Transgender Persons (Protection of Rights) Act, 2019 within a three-week period. As a result of this ruling, the Board is now obligated to promptly reconsider the petitioner’s application.