[News] [India] He asked for gender change in school papers, court said no
Stephanie Stevens
He asked for gender change in school papers, court said no
Jayant Sriram | New Delhi, Wed Feb 15 2012, 02:21 hrs
While approving the issuance of declaration for change of gender and
name for a man who had undergone a sex reassignment surgery, a Delhi
court held that it would not be correct to change his gender on his
school records as it would amount to “changing history”.
The plea was filed by a Bangalore resident who had undergone a sex
change surgery in 2008 in Chennai. He had asked the court to direct
Central Board of Secondary Education and Modern School, Barakhamba
Road, to change the details on the marksheets issued by them. The
petitioner had cleared his higher secondary examination in 1987 and
was a girl at the time.
After the operation, the man sent a legal notice to CBSE in 2010
asking them to modify their records. They did not do so.
The CBSE opposed the plea arguing that the certificates had been
prepared based on the information given by the complainant in 1987.
The Board said its bylaws had no provision for changing or issuing
fresh certificates on account of change in name or gender.
The court noted that the relationship between the complainant and CBSE
was severed in 1987, and therefore the Board held no obligation
towards him.
“The grant of the mandatory injunction, as prayed for, would amount to
alteration of history and (also) the plaintiff has no right to have
retrospective benefit of change of gender and name,” Civil Judge Jay
Thareja said.
He held that the complainant was entitled to a declaration from the
court that his name and gender had been changed.
“If any public authority refuses to accept the name and gender change
of the plaintiff or the legitimacy of the mark-sheets and certificates
of CBSE... the remedy for the plaintiff would be to agitate his
grievance against such public authority in an appropriate forum,” the
judge said.
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