Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Sharad Roshan Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Petitioner before this Court is a Transgender person, as recognized under the provisions of Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as “Act, 2019”) read with Transgender Persons (Protection of Rights) Rules, 2020 (hereinafter referred to as “Rules, 2020”).
2. The District Magistrate concerned in terms of Section 6 of Act, 2019 has issued a Certificate of Identity. Subsequently, petitioner has undergone a surgery to change gender (Female to Male) and further in terms of Section 7 of Act, 2019 read with Rule 6 of Rules, 2020 a Certificate was issued by District Magistrate concerned in a prescribed format.
3. It is further case of petitioner that subsequently an application was filed to change the name in educational documents in terms of Rule 5(3) read with its Annexure-1. However, by means of impugned order dated 08.04.2025 passed by Regional Secretary, Madhyamik Shiksha Parishad, Bareilly, application of petitioner was rejected that relevant provisions and Government Order do not provide any procedure for correction of name in educational documents at a very belated stage and provisions of Act, 2019 read w
Point of Law : Section 4 of the Act provides a transgender person to have a right to be recognized as such and a transgender person under Section 4(2) of the Transgender Protection Act, 2019 is also ....
The court ruled that the Registration of Births & Deaths Act, 1969 must be amended to allow changes in name and gender identity for transgender individuals, aligning with the rights conferred under t....
Recognition of transgender as 'third gender', right to self-identified gender, and the directive for legal recognition, reservation, and social welfare schemes for transgender persons.
The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.
The court affirmed that legal frameworks must evolve to recognize the identities of transgender individuals, particularly regarding parental status on birth certificates, to prevent prejudice against....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
