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2024 Supreme(Online)(Kar) 41566
KARNATAKA HIGH COURT
RAVI V. HOSMANI, J
VIHAAN PEETHAMBAR – Appellant
Versus
MANIPAL UNIVERSITY – Respondent
WRIT PETITION NO. 12606 OF 2023 | EDN-RES
For the Appellants/Petitioners: SMT. JAYNA KOTHARI, SR. ADV. FOR SRI. NAVEEN CHANDRA. V.
For the Respondents: SRI. VINAY .N, ADV. FOR SRI. MANMOHAN P N., ADV. FOR R1 AND R2; SMT. MAMATHA SHETTY, AGA FOR R3
The court affirms the right of transgender individuals to change their name and gender in official records, aligning with constitutional rights to personal autonomy and dignity.
Headnote:(A) Constitution of India - Articles 226 and 227 - Transgender Persons (Protection of Rights) Act, 2019 - Legal recognition of gender identity - Writ petition filed for the issuance of an updated degree certificate reflecting change of name and gender - The court recognizes the rights of transgender individuals to adjust their legal identities, echoing precedent set by the Supreme Court in National Legal Services Authority v. Union of India. The petitioner underwent gender reassignment surgery and legally changed identity, seeking university compliance in issuing revised certificates. (Paras 1-10)
(B) Obligations of Educational Institutions - The court directed educational authorities to process applications from transgender individuals for changes in name and gender and to act upon them without requiring court intervention whenever feasible. The court emphasizes the need for clarity and efficiency in these processes within educational institutions. (Paras 10-12)
Facts of the case:
Petitioner, initially recognized as female, underwent gender reassignment surgery and legally transitioned to male. He sought the issuance of a fresh postgraduate degree reflecting this change after having successfully changed other legal identity documents but faced resistance from the university. (Paras 3-5)
Findings of Court:
The court finds the petition valid, directing the university to issue a new degree certificate upon the petitioner submitting the original document. Additionally, the court advocates for universities to adopt efficient processes for transgender identity updates. (Paras 8-10)
Issues: The key questions were the acknowledgment of a transgender individual's identity change by educational institutions and the procedural requirements for updating academic records. (Paras 2, 6)
Ratio Decidendi: The court concluded that educational institutions must recognize the legal changes in an individual's gender identity, highlighting the Supreme Court's position that the right to self-identification is integral to personal dignity and autonomy. (Paras 8-9)
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. petitioner seeks name and gender change on degree certificate. (Para 2 , 3) |
| 2. university's response and arguments regarding name change. (Para 4 , 5) |
| 3. court's observations on the petitioner's claim and compliance. (Para 6 , 7) |
| 4. legal principles from nlsa case guide the decision. (Para 8) |
ORDER
This writ petition is filed by petitioner seeking for following reliefs:-
"A. Issue a writ in the nature of mandamus directing the Respondents No.1 to issue a fresh M.S. (Communication) Degree Certificate reflecting the change in his name as 'Vihaan Peethambar' and gender as 'Male'; and B. To issue a writ of mandamus or any other writ or order directing all universities in Karnataka that they should update the degree certificates of transgender persons to reflect the change in their name and gender identity and to provide revised degree certificates to transgender persons based on applications made by them without having to approach the courts;"
2. Smt. Jayna Kothari, learned Senior counsel appearing for Sri Naveen Chandra V., Advocate for petitioner submitted that petitioner pursued P.G. degree Course in MS Communication with name as 'Jyothi Peethambar' in respondent no.1 - University and was awarded degree on05.11.2008 with registration no.060702029. It is submitted that petitioner was also issued with marks cards as per Annexures - B, C to C4.
3. It was further submitted that though petitioner was female at birth, he underwent gender reassignment surgeries in '2015' and thereafter, changed gender to Male and named as 'Vihaan Peethambar, vide publication in Official Kerala Gazette Notification dated 02.05.2017. Subsequently, petitioner applied to concerned authorities for change of name and gender in PAN Card, Aadhaar Card, Voter ID, Passport etc., which was granted. She had also obtained change of name and gender in her Bachelor Degree Certificate from Mahatma Gandhi University. Referring to same, petitioner submitted representation to respondent no.1 - University for change of name and gender in Post Graduate Degree Certificate.
4. It is submitted that vide its reply to petitioner's e-mail dated 27.05.2017, request was rejected on ground that change would be enabled only for short duration after Degree Certificate was issued. It is submitted that petitioner's subsequent representations at Annexure-P dated 05.03.2023 and 14.03.2023 have remained without consideration even though subject matter was covered by decision of Hon'ble Supreme Court in case of National Legal Services Authority vs. Union of India and Others,1 ('NLSA' for short). Hence, petitioner had approached this Court for relief. It is further submitted that this Court in Christina Lobo v. State of Karnataka2, had issued writ of mandamus under similar circumstances. Accordingly, learned Senior counsel sought for allowing petition.
5. On other hand, Sri Vinay N, learned counsel appearing for Sri Manmohan P.N, advocate for respondents no.1 and 2 and Smt.Mamatha Shetty, learned AGA appearing for respondent no.3 submitted that for purpose of seeking change, petitioner was required to return original Degree Certificate and Marks Cards and upon receipt of same, respondents would consider petitioner's request in light of decision of Hon'ble Surpeme Court in NLSA's case(supra).
6. Heard learned counsel for parties and perused writ petition records.
7. From above, it is seen that there is no dispute about petitioner having underwent gender change surgery and issuance of notification about change of gender and name and thereafter submitting request to respondent no.1 - University for change of name and gender in Post Graduate Degree Certificate. On perusal of writ petition records, it would appear that petitioner has already obtained change of name and gender in Bachelors Degree Certificate and other public records. But, as pointed out for consideration, petitioner would be required to surrender original Degree Certificate and Marks Cards.
8. Hon'ble Supreme Court in NLSA
