‘Gender Identity Is A Constitutional Right’: Delhi HC Directs CBSE, DU To Amend Records Of Transgender Alumnus

Delhi University (DU) and the CBSE have been directed by a division bench of the Delhi High Court comprising of Chief Justice Rajendra Menon and Justice V K Rao to figure out a way to assist an alumnus who is seeking a change in name and gender in past education records to match with her transgender identity, reports NDTV.

Citing the Supreme Court’s recognition of a person’s right to choose their own gender identity, the bench stated that statutory entities like the education board and the university "have to rise to the occasion to help her".

For their part, CBSE and DU have argued after a student departs from the institution, that person’s education records cannot be altered. Both also gave their own respective reasons as to why they could not make the modifications: CBSE claimed that such a request could only be entertained if it was made prior to the declaration of 10th and 12th results, while DU claimed that as per its norms the CBSE had to make the alterations first.

Rejecting these contentions raised by the respondents, the court stated, "You cannot say it is history for you. You keep your history, but give her a certificate declaring her changed name and gender. Give a declaration without changing your records. You should understand the practical problems they (transgenders) suffer.”

The bench also noted that the former student’s right to gender identity was a constitutional right. The matter will be next heard on 13 March.