Central Government by enacting The Transgender Persons (Protection of Rights) Act, 2019 is a socially beneficial legislation, and therefore this Act cannot be given an interpretation that would defeat the very purpose for which the Act was brought into force. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Vivek Chaudhary in the matter of Shivanya Pandey vs State Of U.P Thru Prin Secy Secondary Edu Lko & Ors [MISC. SINGLE No. – 26611 of 2017] on 26.11.2021
The facts of the case were that the petitioner with earlier name Vikas Pandey and gender as male appeared and passed High School on 10.06.2011 from the Children Academy Public School, Lucknow affiliated to the U.P. Board and Intermediate in the year 2013 from the Lucknow Public Collegiate, Lucknow affiliated to the CISE Board. Petitioner was suffering from gender dysphoria and, therefore, underwent gender reassignment surgery on 23.10.2017 from male to female at Fortis Hospital, New Delhi. On 27.05.2017, the petitioner got published a gazette notification in respect of the change of her name from ‘Vikas Pandey’ to ‘Shivanya Pandey’ and gender from ‘male’ to ‘female’. Petitioner also got an Aadhar card and pan card issued in her new name and gender i.e. Shivanya Pandey, female. Now the petitioner is required to change the same in her school certificates also. For the said purpose, the petitioner has made a representation to different on different dates but no resolution was passed. Thus, the instant petition is preferred.
The Hon’ble High Court observed that “ has to be interpreted in a manner that solemn purpose for which it is legislated is achieved. The purpose is to give recognition to transgender persons as they perceived themselves and, in case, they undergo a gender reassignment procedure, to provide them appropriate changed certificates and identity documents. Therefore, Section 7 of the Act cannot be given a meaning confined in the manner argued by learned Standing Counsel.”
Additionally, the Hon’ble High Court made an observation that Section 7 should be interpreted in a manner that the transgender persons who are issued a certificate under Section 6 or persons like petitioner who had undergone the gender re-assignment procedure prior to coming into force of the Act, both are held entitled to apply before the District Magistrate for issuance of a certificate indicating a change in gender.
Finally, the Hon’ble High Court allowed the instant petition.
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Judgment Reviewed by: Rohan Kumar Thakur
