The central legal point established is that individuals suffering from Gender Dysphoria must follow the prescribed procedure under the Transgender Persons (Protection of Rights) Act, 2019 and Rules to obtain legal recognition of their gender identity.

JUDGMENT :

(Devashis Baruah, J.) : –

1. Heard Mr. P. R. Sarma, the learned counsel for the petitioner and Mr. P. D. Nair, the learned Standing Counsel, Cotton University appearing on behalf of the respondent Nos. 1 & 2.

2. The instant writ petition has been filed by the petitioner being aggrieved by the inaction of the respondent No. 2 to change the name of the petitioner from Bandana Basu-matary to Bevin Basumatary in his Mark Sheet for the M.A. (Economics) course.

3. The case of the petitioner is that the petitioner is a post-graduate degree holder in M.A. (Economics) from Cotton College (now Cotton University) and he is presently unemployed. The petitioner was born as a female and was named as Bandana Basumatary. Over the years there are certain physical and mental changes in the petitioner resulting in a medical opinion given by Dr. Jayashree Das, Consultant Clinical Psychologist wherein it was opined that the petitioner, aged 26 years, was born of a female sex but since childhood, the petitioner identified as a male and wished to be perceived as a male. For the purpose of the instant dispute, the relevant part of the said opinion so given by Dr. Jayashree Das is reproduced herein below:

"This is to certify that I have evaluated Bevin Basumatary, aged 26 years, born of a female sex. Since Childhood Bevin identified as a male and wished to be perceived as male. She has intense dysphoria with her physical secondary sexual characteristics which are female and wishes to undergo medical (hormonal) and surgical procedures to align her body with her experienced/expressed gender, fully aware of the risks and consequences involved, including infertility.

There is no history of any major psychopathology on mental status examination and psychological test apart from symptoms of Anxiety, Depression and Avoidant Personality Traits secondary due to Gender Dysphoria at present. {Psychological Reports from Rorschach Inkblot Test. Million Clinical MultiAxial Inventory III (MCMI III), Beck Depression inventory (BDI), Beck Anxiety inventory (BAI) are attached herewith}.

Bevin Basumatary meets the DSM 5 diagnostic criteria for Gender Dyasphoria and is fit to give consent for Gender Affirmation Procedures such as Hormone Replacement Therapy, Breast Reduction Surgery and Panhysterectomy."

4. From a perusal of the said medical opinion it appears that the petitioner has intense dysphoria with the petitioner's physical secondary sexual characteristics which are female and wishes to undergo medical (hormonal) and surgical procedures to align her body with her experienced/expressed gender.

5. Sec. 2(k) of the Transgender Persons (Protection of Rights) Act, 2019 (for short, the Act of 2019), inter-alia defines "transgender person" to mean a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans- woman (whether or not such person has undergone sex Reassignment surgery or hormone therapy or laser therapy or such other therapy). Sec. 2(k) of the Act of 2019, being relevant, is quoted herein below:

"2(k) transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans- woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, gender queer and person having such socio-cultural identities as kinner, hijra, aravani and jogta."

6. A trans-man is given the meaning of a man who was assigned female at birth. Trans- men have male gender identity, may experience Gender Dysphoria, and may transition. As there is medical opinion found that the petitioner is in the state of Gender Dysphoria, the petitioner would have to be understood to be a trans-man and being a trans-man, the petitioner would be within the definition of "transgender person" as defined in Sec. 2(k) of the Act of 2019. The record further reveals that in the