In a major boost to the rights of the transgender community, the Madras High Court on Thursday directed officials of Madras University as well as Anna University to change a female name and gender into that of a male in the educational certificates of a transgender who had undergone sex reassignment surgery.
Justice N. Kirubakaran directed the Controllers of Examinations in both the universities to make the necessary amendments in the certificates related to Bachelor of Science (Software Applications) and Master of Computer Applications courses undergone by the transgender based in Kancheepuram district.
Since the medical records proved that the petitioner had undergone required medical investigations and also psycho legal counselling after the surgery was performed at a leading private hospital here on August 27 last, the judge said that the petitioner had become a “full fledged male” both physically as well as psychologically.
Further, observing that it is high time for the Centre to give a serious consideration to issues related to rights of transgender, the judge wanted to know the fate of the Rights of Transgender Persons Bill of 2014, a private member Bill introduced by DMK MP ‘Tiruchi’ Siva and passed by the Rajya Sabha in April 2015. He suo motu included the Union Ministries of Health, Social Justice and Law as respondents to the writ petition and directed Additional Solicitor General Su Srinivasan to obtain instructions from them by September 4.
The writ petitioner was also directed to be present in the court on that day for proper adjudication.
The petitioner, in his affidavit, had stated that he was born in March 1991 and was identified to be a female in the birth certificate as well as school records.
Though his academic performance was excellent and he passed out both undergraduate and postgraduate courses with distinction, his personal life turned out to be traumatic. After coming to know that he was suffering from gender dysphoria or gender identity disorder, the petitioner claimed to have undergone sex reassignment surgery as per medical advice.
The resultant change in gender and name were also duly notified in the government gazette on September 28 last.
Subsequently, he obtained a passport, driving licence, PAN (Permanent Account Number) card for Income Tax purposes and even an Aadhar card identifying himself to be a male but could not succeed in his attempts to make the changes in his educational certificates and hence the present petition.