Bombay High Court Directs Maharashtra Government to Allow Transgender Persons to Retrospectively Change Name and Gender in Educational Records

The Bombay High Court recently issued an order that requires the Maharashtra Government to direct all educational institutions in the state to enable retrospective name and gender change for transgender persons in their records. The order was made in response to a plea filed by an alumni from the Tata Institute of Social Sciences (TISS) who sought changes in their records with the institute and re-issuance of their education documents and degree certificate with their new name and gender.

The division bench of Justices Gautam Patel and Neela Gokhale observed that educational institutions should have a form on their websites for precisely such changes, i.e., noting a change in name and a change in gender. The court took strong exception to TISS’s condition that the petitioner first change their name in all previous records. It ordered the institute to make the required changes immediately and issue documents to the petitioner. This would enable the petitioner to apply for LLB course with a new name and identity.

The court ruled that refusing the petitioner relief would be a “manifest injustice” and a “complete denial of fundamental rights including the right to privacy and the right to dignity, covered by Article 21 of the Constitution of India.” The bench noted that questions of identity, self-identification and gender perception do not happen at a biologically definable point in time. It added that every transgender person who desires a name change need not be put through the additional trauma of having to get reissued every single document from birth onwards.

The court relied on the famous NALSA judgement which directs towards greater inclusiveness and acceptance of individuality and individual traits. It stated that it is for the 1st Respondent (Tata Institute of Social Sciences) to make this change on the 1st Respondent’s website and for the 2nd Respondent State Government to issue the necessary instructions to all similar educational institutions across Maharashtra.

The order issued by the Bombay High Court is an important step in recognizing the rights of transgender persons to self-identity and self-identification. It is a clear indication of the court’s commitment to upholding the fundamental rights of all citizens of India, including the right to privacy and the right to dignity.