Case Note & Summary
The petitioner, Milind Vinod Seth (formerly Gregory Thomas), a transgender person, filed a writ petition in 2011 seeking correction of his name and gender in school records and the SSC certificate issued by the Maharashtra Secondary and Higher Secondary Education Board. The petitioner was born on 22 May 1993 to a Hindu father and Christian mother. His birth certificate recorded his name as 'Millind' and gender as male. He later underwent sex reassignment surgery and changed his name to Milind Vinod Seth. The petitioner approached the High Court after the school and the Board failed to correct his records. The court, relying on the Supreme Court's decision in National Legal Services Authority v. Union of India, held that transgender persons have the right to self-identified gender and that official records must reflect this. The court directed the Board to issue a corrected SSC certificate with the petitioner's changed name and male gender, and also directed the school to update its records accordingly. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Transgender Rights - Right to Self-Identified Gender - Articles 14, 19, 21 of Constitution of India - Petitioner, a transgender person, sought change of name and gender in school records and SSC certificate - Court held that the right to self-identified gender is a fundamental right under Articles 14, 19, and 21, and educational authorities must respect the same - Directed issuance of corrected SSC certificate reflecting changed name and gender (Paras 1-10). B) Education Law - School Records - Correction of Name and Gender - Maharashtra Secondary and Higher Secondary Education Board Regulations - Petitioner's birth certificate and school records showed male gender and old name - Petitioner underwent sex reassignment surgery and changed name - Court directed the Board to issue a fresh SSC certificate with corrected name and gender, relying on the principle that official records must reflect a person's true identity (Paras 5-10).
Issue of Consideration
Whether the petitioner, a transgender person, is entitled to have his name and gender changed in school records and SSC certificate based on his self-identified identity, and whether the educational authorities are bound to issue a corrected certificate.
Final Decision
The petition is allowed. The Maharashtra Secondary and Higher Secondary Education Board is directed to issue a corrected SSC certificate to the petitioner reflecting his changed name as Milind Vinod Seth and gender as male. The school is directed to update its records accordingly. No order as to costs.
Law Points
- Transgender rights
- Right to self-identified gender
- Name change in official records
- Issuance of corrected certificates
- Articles 14
- 19
- 21 of Constitution of India
- National Legal Services Authority v. Union of India
