Case Note & Summary
The petitioner, a transgender alumnus of Tata Institute of Social Sciences (TISS), obtained an MA in Development Studies in 2013 under a female name and gender. In 2015, they adopted a new name and self-identified as transgender, swearing an affidavit in 2018. They obtained a gazette notification for the name change via a prior writ petition in 2019. In 2022, they sought to change their name again for numerological reasons and requested TISS to update their educational records and modify the alumni application form to allow such changes. TISS refused, citing lack of policy. The petitioner filed a writ petition seeking mandamus. The Court, relying on Supreme Court precedents on transgender rights and inclusiveness, held that the petitioner's request was reasonable and must be granted. It directed TISS to change the name and gender in all records and re-issue documents, and to modify the alumni application form to include a flexible option for alumni to request changes. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Transgender Rights - Right to Self-Identified Gender - The petitioner, a transgender alumnus, sought change of name and gender in educational records and modification of the alumni application form. The Court held that recent Supreme Court decisions mandate greater inclusiveness and acceptance of individuality, and bureaucratic requirements cannot compromise these rights. (Paras 1-6)
B) Education Law - Change of Name and Gender in Records - Mandamus - The Court directed the respondent institute to change the petitioner's name and gender in all educational records and re-issue documents, and to modify the alumni application form to include options for change of name and gender. (Paras 4-6)
Issue of Consideration
Whether a transgender alumnus is entitled to have their name and gender changed in educational records and whether the educational institution must modify its alumni application form to accommodate such requests.
Final Decision
The petition is allowed. Respondent no.1 is directed to change the petitioner's name and gender in all educational records and re-issue documents including grade card, degree certificate, migration/transfer certificate, bonafide certificate, and any other required documents. Respondent no.1 is also directed to suitably modify the alumni application form to make it flexible to include requests by alumni for change of particulars such as name and gender. No order as to costs.
Law Points
- Right to self-identified gender
- Inclusivity in educational records
- Mandamus for change of name and gender
- Transgender rights
- Bureaucratic requirements cannot override individual identity
Case Details
2023 LawText (BOM) (04) 77
WRIT PETITION (L) NO. 9961 OF 2023
G.S. Patel, Neela Gokhale
Ms Rebecca Gonsalvez (for petitioner), Mr Rakesh Singh with Heena Shaikh i/b MV Kini & Co. (for respondent no.1), Mrs PH Kantharia, Government Pleader (for respondent no.2-state)
The Dean, Academic Affairs Director’s Office, Tata Institute of Social Sciences & Anr
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Nature of Litigation
Writ petition seeking mandamus to direct educational institution to change name and gender in records and modify alumni application form.
Remedy Sought
Petitioner sought direction to respondent no.1 to change name and gender in educational records and re-issue documents, and to modify the alumni application form to allow requests for change of particulars.
Filing Reason
Respondent no.1 refused to change name and gender in educational records and modify the alumni application form despite petitioner's request.
Previous Decisions
Petitioner had earlier obtained a gazette notification for change of name via Writ Petition (L) No. 1200 of 2019, order dated 16th April 2019.
Issues
Whether the petitioner is entitled to have their name and gender changed in educational records held by the respondent institute.
Whether the respondent institute is required to modify its alumni application form to accommodate requests for change of name and gender.
Submissions/Arguments
Petitioner argued that recent Supreme Court decisions mandate inclusiveness and acceptance of individual identity, and bureaucratic requirements cannot override these rights.
Respondent no.1 opposed the petition, but the Court found no valid reason to deny the request.
Ratio Decidendi
The right to self-identified gender and inclusiveness, as upheld by Supreme Court decisions, cannot be compromised by bureaucratic requirements. Educational institutions must accommodate requests for change of name and gender in records and provide flexible application forms for alumni.
Judgment Excerpts
The Petition is simple and it is clearly one supported by every recent decision of the Supreme Court regarding the rights of those who have traditionally been held to be marginalized.
The decisions of the Supreme Court direct us towards greater inclusiveness and acceptance of individuality and individual traits. These are not to be compromised because of some bureaucratic requirements.
Procedural History
Petitioner filed Writ Petition (L) No. 1200 of 2019 for gazette notification of name change, which was allowed on 16th April 2019. Subsequently, petitioner sought change of name and gender in educational records from respondent no.1, which was refused. Petitioner then filed the present writ petition on 25th April 2023.
