Karnataka HC tells educational institutes to change the identity of Transgender persons as per their choice.
16th October 2020
The Karnataka High Court bench of Justice John Michael Cunha observed that under the ‘Transgender Persons (Protection of Rights) Rules, 2020’ rule 3, the transgender persons who have officially recorded their gender change, whether as male, female or transgender, prior to the coming into the force of the Act are not required to submit any further application for a certificate of identity. He further directed the State of Karnataka (The Department of Pre-University Education), The Karnataka Secondary Education (CBSE), Rajiv Gandhi University of Health Sciences (Bengaluru) and Father Muller Medical College (Mangalore) to change the name and gender of the petitioner (a transgender) as per her choice and issue a revised marks card.
The Court also observed that the Transgender persons' right to decide their self-identity has been upheld by the Supreme Court of India in the celebrated case in National Legal Services Authority v. Union Of India And Others, (2014) 5 SCC 438. Hence, it acknowledged the petitioner's plea and upheld her right.