Landmark Ruling On Transgender Rights: Allahabad High Court Orders Name And Gender Changes In Educational Documents

In a landmark judgement, the Allahabad High Court has upheld the rights of transgender individuals by directing the authorities to amend educational documents to reflect the correct name and gender.

A single-judge bench, led by Justice Saurabh Shyam Shamsheri, quashed an earlier order by the Board of Secondary Education, Bareilly, which had refused the request of petitioner Sharad Roshan Singh to update his academic certificates following a gender transition (female to male).

Sharad had obtained official recognition of his gender change from the district magistrate after undergoing gender-affirming surgery.

Subsequently, he requested the modification of his educational certificates to reflect his new name and gender.

The Board rejected the application, claiming that there was no provision for correcting delays and asserting that the Transgender Persons (Protection of Rights) Act, 2019, did not apply to such changes.

Challenging this decision, Sharad’s legal representatives, Ashwing Kumar Sharma and Akash Kumar Sharma, argued that denying the update violated the provisions of the 2019 Act.

The court held that the Board and government authorities had violated Section 20 of the Act. This section provides a special legal framework granting priority over other laws.

Under Rule 5(3) and Annexure-1 of the Act, transgender persons can modify all official documents. This includes educational certificates, which can be updated to reflect their correct name, gender, and photograph.

The bench emphasised that government inaction infringes on the constitutional rights of equality, dignity, and non-discrimination guaranteed to transgender individuals.

Consequently, the court set aside the April 8, 2025, order. It instructed the state government and the Board to complete the necessary amendments and issue updated certificates within eight weeks.

This decision reinforces the legal protections provided under the Transgender Persons (Protection of Rights) Act. It also marks a significant step towards ensuring that transgender individuals can fully exercise their rights across official documentation.

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