Yerukali Venu Prasad, Yerukali Renuka v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus, directing the Respondents-2 to 4 to consider the representations D1.23.08.2019, 20.08.2019 & 18.10.20'19 and legally recognize the gender identity of the petitioner from female to male gender by changing the gender identity to petitioner in all his educational records/ certificates and consequently direct the Respondents-2 to 4 to change the gender identity of petitioner in all his educational record s/certificates in accordance with the sex ) assigned to hinr under Sex Re-assessment Surgery (SRS) in accordance with.the certificate Dt.11.01.2019 issued byTeam of Doctors of Osmania General Hospital, Dept. of Urology and also by following the law laid down by the Hon'ble Supreme Court in National Legal Service Authority Vs. Union of lndia and others. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( m;:y be pleased to direct the Respondents-2 to 4 to consider the representations of the Petitioner D1.23.08,2019, 20.08.2019 and 18.'10,20'19 for changing of his sex and Name in all his educational records. Counsel for the Petitioner: SRI N. ASHOK KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR SCHOOL l:DUCATION Counsel for the Rr-.spondent Nos.4 and 5: SRI D.L. PANDU, SC AND ADDITIONAL SOLICIIif R GENERAL The Court made the following: ORDER "\ 1 THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRI'I PFI,TITION No. 23434 of 2019 ) ORDER: (Par llon'ble Sri Jusrit:e 7'.\'inod Kunrur) ]'his Writ Petition, under Afiicle 226 of the Constitution of India, is liled by the petitioner herein, with the following prayer: Oourt may be pleased to issue a writ of mandamus, direcling the Respondents-2 to 4 to consider lhe representations Dt:23.0l1.2019, 20.08.2019 & 18.10.2019 and legally recognize the gencler identit)'ol the petitioner from.femole to male gender by changing tha gendcr idantitl to petitioncr in all his educational records/certiJicates und consequentl)' dirccr the Respondents-2 to I to change the gender identill o.f pclitioncr in ull lis eductrtional records/certificales in accordunce with the sex tt.ssigned to him under Sex Re-assessmenl Surgery (SRS) in accortlance tith rhe certy'icate Dt:11.01.2019 issued by Team of Doclrtrs ol Osmuniu (iencrul llospital, Dept of UrolotrXt ancl atso bl,Jbltotritlg thc lol laid durn ltv the tton'ble Supreme Court in National Legt Sert,ice Authoritt. l':. Union of lndia & others arul pass any further order or orders us thi., llon'bte Court may deemfit and proper in the circumstances oJ rhe casc. 2. 'fhe insranr Writ petition is filed by the petitioner being aggrieved by the rnaction of the respondent Nos. 2 to 4 in not corlsidering rhe representations dated 23.0g.201g, 20.Og.2(/tg & 18. 10.20 l9 seeking a legal declaration ofhis gender identity and to change the name of the petitioner from XXXXX to XXXXX in all his r'clr-rcarional ln accordance with the sex assigned to him under Sex Re-assignment Surgery (SRS) u/a ccrrificare datcd I I .0 I .20 l9 l.ecords/ceftillcates __-____-- 2 -l

3. It is the case of the petitioner that, he ivas bom as female afrd since chiidhood identified as girl child and from childhood till Inte,nediate first year the petitioner was treated and considered as female oni' possessing physicar and psychologicar feelings of female. However, the petitioner started to deve.rp peculiar feelings with regard to sex and character in support of ph-vsical developments which ntade h im disown the sex character that \4 as assigned to hirr by birth.

4. The petitioner further contends that, due to ch6ng", in ,n" behavior and physical pattern resulting in mockery. and humiliation of the petitioncr's char-acter he has faced a lot of problerns in his family and also in the society which forced him to discontinue his Intermediate first year.

5. Ho'uvever, ,,vith an acquaintance aid, the petitioner decided to consult a phy sician and approached the Doctor at Osmania General Ilospital at I{vdcrabad, where the Doctors alter care]il diagnosis had infbrnrecl thc petit.ioner that he rvas having a dis-ttrder of sexual developnrcnt clue to horrnonal irnbalance ancl after lurther examinatiorr fbund that 'right Undescended Testis tt,ith chorde witlt ltettosc'rttttr i lt.rTtctspadios ' and advised the petitioner io undergo Sex Re-assignrnent Surger-v" (SRS) by which the pctitioncr has I 3 transfbrnred into a male person called as Transsexual Person. After sefles oi operations, the doctors certified that the petitioner has cornplcte [y changed his sex and gender pattern to a male gender with no nrorc cxhibits o[' any lemale character. ]-he petitioner atiL'r ur.rdergoing SRS and attaining character of male has also changed the rrarne as XXXXX li'orn XXXXX, vide certificate dated 11.01.2019, and the sanre \ /as published vide Govemment Gazettee Notification No.97, dated 23 .07 .2019.

6. The petitioner contends that, as he has undergone Sex Re_ asscssn'rcnr Sur.gery due to genital anatomy problems to align his biological sex wirh his gender identity and have become a male person called as person and due to the surgery, he can .I-ranssexual no longer be able to lunction in his original sex. 7. Furlher, after undergoing Sex Re_assignment Surgery and acgutrinq a ne*'' social status the petitioner herein wanted to continue his srudies and thereby approached the Intermedi ate Board vicle rcpresenralion dated lg. 10.2019 and requested them to change his gender identity in records from F_emale to Male, which was rejected. Upon an advice ro change the sexual identity and name in the X class records, the petitioncr made a representation dated 2g.0g.2019 Boar.d ol- Secondary Education, Hyderabad, narrating his ordeal and t<r I I i ,! requested them to change his name and genc/er identitv rn records and also approached the Commissioner and Direcror o1. School representation dated 23.0g.201 c; to change his entire Class I to IX which was acknou,ledgcd by the Education vide records lrom respondents Nos.2 and 3, but no action was iniriated. 8 It is the case of the petitioner that a legai declaratiorr ol. his gender identity as female (assigned during birth; ro rnale is a constitutional right guaranteed under Artictes l.l. I 5. l6 ol thc Constitution of India and denial of the sarre is in violarion ol'r\rriclcs l4 and 2l ol the Constitution of India. It is contt::rded that richt to choosc one's gender identity is in confomrity rl,ith onc's ernotiorral and psychological feeling is integral to the riglrt ro lead lilc uith dignitl' guaranteed under Article 2l of the Constittrt ,rn of'India.

9. lt is also contended that the non-recognition of such gendcr identity not only amounts to violation of constitutional right, but also deprives the petitioner of social and cultural participation which results in eclipsing their access to education ar-rd health serviccs'

10. It is contended by the petitioner that hc' has becotne a transsexual person by undergoing Sex Re-assigr-rrtterlt Sttrgerl'' and the inaction ol respondents in recognizing the gender idcntitl' rs tlrale person by respondent Nos. 2, by making necessary changes in tl're , , study records amounts to dcpriving this right to pursue further studies. ll. 'lhc petitiorler firrther contends, he had also approached the UIDAI. Govcrnrrent ol' India lor changing his name and gender identity vizle application dated 16.08.2019 for issuing ofa new and revised AADI IAAR Card, which is pending.

12. Per Contru. it is thc conlention of the respondents that they cannot nrake the corrcction ol the gender frorn female to male in the SSC records as the petitioner had studied and passed out of Class X being a t'emale, rvhich cannot be changed as per the Rules. 13. l'he respondcnt No.4 contends that as per the norms of the -lelangana State Board of Intermediate Education, gender correction in the Internrediate pass certificate will be carried out only if the corrections are nrade out in Class X pass cer-tificate, as it is the basis Ibr Interrned iatc education. 14. Heard Sri N Ashok Kumaq leamed counsel for petitioner, leanred Governurcnt pleader ibr School Education, Sri D.L.pandu, learned Standing counser and leamed Additional Soricitor Generar appearing on behall o I respondents, and perused the record. 15. Thc firlcnrnr ollhe case <>f petitioner is that he had approached the rcspondent_aulhorities to carry out the necessary changes in the 6 certificates and also gave written representations to them with regard -\ to his change ofgender identity. Since the peritioner,s representa;ions were not considered, the petitioner has corne before this Clourt bv w'ay ol'this writ petition. I6. l.ear:red counsel for the petitioner subnlits that the petitioner helein is fonnerly known as XXXXX who was born as a fbrnale an<l undertook education from VI class to X class ;tt Zpp High School (Girls), Kodangal, Vikarabad District, wherein he had s.ccessflllr cleared his X class Board examination and secrrrecl his Secondan School Certificate. Subsequenrly, the petitioner clropped out ol.his Intermediate first year in light oi health problerns.

17. It is furrher submitted that the petitioner upon approaching rhe Deparlment of Urology at the Osmania General lJospital at Hyderabad, was diagnosed with a disorder of sexual development due to hormonal imbalance and was advised to undr:rgo a Sex lle- re- assignuient Surgery and after the surgery was issued a cenilicate dated ll.0 1.20 19.

18. Srrbse qucntly, the petitioner herein vide puclication in the ')-elangarra Gazette dated 23.07.2019, had changed name tionr XXXXX to XXXXX and changed her gender identitl'liorn female to rr alc I I 7 t9. Leamed Deputy Solicitor General appearing for respondent ) No.5 would submit that on the petitioner approaching and submitting the application dated 16.08.2019 for change ofname the said request has been processed as per the policy guidelines and quplity checks for. updation for change ol name and gender in the AADFIAAR Card and the same was duly accepted on 12.12.2019 and a new AADHAAR has been genet'ated.

20. It is to be noted that when the petitioner approached respondent No.3 and made request vrde representation dated 23.08.2019;

28.08.2019 and 18. 10.2019 fbr change ol her gender identity from female to male in her school records u,ith an intent to continue his Intermediate education, it was intbr,red b,r, the respondent authorities that the change of name and gender identity must be made to his Class X records for them to change the records. 21. Upon the 3.d respondent indicated as above, petitioner claims to have approached the respondent No.2 lor change of.name and gender in his Class X certificare, whcn hc was in formed thar they cannot make the gender correction florn l_errale to male as it is contrary to their Rules. \ I t

22. In this regard it is necessarv ro refer to the judgernent o[ the --. Apex Court in National Legol Services Authority v. Union of Inditt , wherein it has held as under:

13....7'G also includes persons u,ho interul to undergo se.r rct:;sigtlment surgery (SRS) or have undergonc SR,S to align their bi<:l6gi*1 sex wilh their gender identity in order to hecome mttle or -fcnnle. l'hey are generolly called transsexual persoits. I I l. IJ a person has changed hisiher sex in tune v'itlt hi.s/har gender chtructeristic.r and perception, vhich has become 1;,>ssible hecuu.se qf the udt'ancement in medical science, and when thal is pcrmitted by/in ntedical elhics v'ith no legal embargo, we do nrtt fnd unv impedimenl, legal or othervise, irt giting due tecognition b the ge:nrler identitl' based on the reassigned sex after undo'going SRS. tl2, t;ttt lhese reasons, we are of the opinion thdt even in lhe absence of arly statt ory regine in this country' a person has u constilulional'right to get the t'ecognition as malc or fe.male a/icr ,'lri.l, ,,al nol only his/her gender characteristic but hus heconte his/her physical form as well'

23. tt is to be noted that when one undergoes sex reassigntnent surgery (SRS) and changes her identity from the one possessed at birth to the other thereby becoming a third gender which is called as transgender and makes an application thereafter for change of name and sex in the relevant records on the basis of various docutnents including the ccrlificate issued by the Medical Of fict:r' the concerned rcls and ntaxe consequetltial authorities arc expected to verifu the reco changes in the concemed records' ' (:ot+) : sct: 'rs I 9

24. Merely' because the petitioner belongs to the third gender' he or she cannot be rnade to ruu lrom piltar to post on the ground that there are no llules available permitting such changes. The respondent Nos.? and 3 after considering his representations algng with necessary documents ought to have rightly changed his name in the school records (See: K. Prithika Yashini v. State of f.N)

25. The petitioner has also produced sufficient documents to prove his identity and the authorities ought to have considered his application on merits. ln fact, the authorities, in the nature of the prcsent case, should readily extend their helping hand rather than denying the same looking down upon him.

26. Since it is now settled position of law that a person has a constitutional right to get the recognition as male or female after SRS and the petitioner herein having changed his gender from female to male by going SRS there cannot be any impediment fbr rhe respondenl-authorities to rnake necessary changes in the schoor and the college certillcates based on the representation dated 23.0g.2019; 28.08.2019 and 1g.10.2019 by making appropriate corrections in respect of his records, on the ground that there rules do not provide l- I i I \ :o t.r .9.-.- oDl_ i,c M.rd 7laJ 10 for the sarne (See.. K. Gowthom Subrttnronil,am v. Controller of Examinotion Anno U niversi4l ) 27. It is to be noted that it is for the respondenr authorities for them to makc the rules to align with the change in circurnstances and rnore - so when the change ofgender is a constitutional right as noted by the Apex Crrurr in National Legal Services Authority (Supro).

28. In the light of the above facts, this Court is c,f the opinion that the petitioner should be granted relief sought fltr and entitled ro change the naine from XXXXX to XXXXX in all his educational records/certifl cates on account of sex re-assignrnent surgery perfonned by the Department of Urology at the (lsrnania General Hospital.

29. Accordingly. the Writ Petition is disposed. As a sequel, tniscellaneous petitions pending if any shall stand closed. No ordcr as to costs. I 3 2017 SCc 0n Line Macl 37913 //TRUE COPY// SD/.8. REKHA RANI ISTANT REGISTRAR SECTION OFFICER To,

1. The Principal Seoretary, Education Department, S erabad on, Chapel Road. Uagher ComPlex' ana, HYd Educati Hyderabad, The State of Telang Board of Secondary Fateh tVlaidan , NamPa lly, HYderab ad

2. The Director, at Eluilding, \ - I

4. q b. 7.

8. 9. TJ LS fnf{. ' The Commissioner and Director of School Education, B Block, Beside Teleohone Bhavan, Saifabad, Hyderabad. il;S;;Arq aoird ot lntermediate Education, 2nd Floor, Vidya Bhavan' Ooo.Late Theatre, NamPallY, ilii Cniet ereiriive Ofricer, rne Union of lndia, tvlinistry of .lnformation f".n"oiogy Uni(ue ldentification Authority of lndia (UlDAl, New Delhi One CC t6' Sri N. Ashok Kumar, Advocate [OPUC] i*o cc. to at Hyderabad [OUT] On"'CC io Sri'O t-. i']andu, SC and Additional Solicitor General[OPUC] Two CD Copies for school Education, High-court for the state of Telangana, -Gp HIGH COURT DATED:20l0Bt2O2S ORDER WP.No.23434 of 2019 r ': Sfi ,.i 'i, t 2 7 8[T ilUr 'i, Jt. /7 ) I I DISPOSING OF THE WRIT PETITION WITHOUT COS}TS S^0., >gUDf'-li