Landmark Judgment in Manipur Upholds Transgender Rights to Update Name and Gender in Official Documents
GENDER ISSUES
Imphal: In a groundbreaking decision, the High Court of Manipur at Imphal has delivered a historic judgment in favor of transgender rights, affirming the right of transgender individuals to update their name and gender in educational certificates and other official documents. The ruling, delivered by Hon’ble Mr. Justice A. Guneshwar Sharma in the case of ‘Dr. Beoncy Laishram versus The State of Manipur & Others’ , marks a significant step toward ensuring equality and dignity for transgender persons in India.
Dr. Broncy
Dr. Beoncy Laisharm, the first transgender doctor of Northeast India.
Dr. Beoncy Laishram, a 32-year-old transgender woman and MBBS degree holder, approached the court seeking to update her name from ‘Boboi Laishram’ to ‘Beoncy Laishram’ and her gender from ‘male’ to ‘female’ in her educational certificates, including her High School Leaving Certificate, Higher Secondary School Leaving Certificate, MBBS degree, and Medical Council registration certificate. The petitioner, who underwent gender reassignment surgery in 2019, had already obtained a transgender identity certificate from the District Magistrate, Imphal West, under the ‘Transgender Persons (Protection of Rights) Act, 2019’. Despite this, the Board of Secondary Education Manipur (BOSEM), Council of Higher Secondary Education Manipur (COHSEM), Manipur University, and Manipur Medical Council had not updated her certificates, prompting her to seek judicial intervention.
The court’s ruling addressed the core issue: whether a transgender person is entitled to update their name and gender in educational and official documents under Sections 6 and 7 of the ‘Transgender Persons (Protection of Rights) Act, 2019’ and the associated ‘Transgender Rules, 2020’. Justice Sharma ruled that transgender individuals have a clear legal right to have their self-perceived gender identity and new name reflected in all official documents, including educational certificates, as mandated by the Act. The court emphasized that these provisions must be incorporated into the rules and bylaws of all establishments, including educational institutions, to ensure compliance.
In a notable departure from the practice of masking transgender individuals’ names in judgments, the court chose to reveal Dr. Beoncy Laishram’s identity, recognizing her as a pioneer and inspiration for others in the transgender community. “Masking her name would amount to treating her as a victim of a crime, which she is not,” the court stated, highlighting her courage in advocating for her constitutional and legal rights under Articles 14, 15, 16, and 21 of the Constitution of India.
Dr. Beoncy Laishram
The court directed BOSEM, COHSEM, Manipur University, and the Manipur Medical Council to issue fresh certificates reflecting Dr. Laishram’s new name and gender within one month. Additionally, it mandated the Chief Secretary of Manipur to ensure that all establishments in the state incorporate the provisions of the ‘Transgender Act, 2019’ into their regulations, reinforcing the Act’s non-derogation clause under Section 20. The court also clarified that a minor typographical error in the transgender certificate issued by the District Magistrate would not impede Dr. Laishram’s rights.
Northeast’s first transgender doctor, Beoncy Laishram
This judgment builds on the precedent set by the Supreme Court’s landmark ruling in ‘National Legal Services Authority v. Union of India’ (2014), which recognized transgender persons as a third gender and affirmed their right to self-identification. It also aligns with decisions from the Madras and Karnataka High Courts, which have upheld similar rights for transgender individuals.
Dr. Beoncy Laishram’s victory is being hailed as a beacon of hope for the transgender community in Manipur and beyond. “This ruling is a powerful affirmation of our identity and rights,” said a local transgender activist. “It paves the way for others to live with dignity and access opportunities without being forced to approach courts repeatedly.”
Dr. Beoncy Laishram
The judgment has been lauded for its progressive stance and its call for systemic change, ensuring that transgender persons can seamlessly update their identities in official records. As Manipur takes this bold step forward, the decision sets a precedent for other states to follow, fostering inclusivity and equality for all.