Sex change plea rejected, surgery being a pre-requisite for filling the application

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A PIL has been moved by a transgender woman of DU before the High court challenging norms of Department of Publication, Government of India in which sex reassignment is crucial for changing the gender of a person on official records.

The petitioner is seeking to challenge the Guidelines for Notification of Public notice which says sex change along with the proforma, and the notification issued by the CBSE and University of Delhi amending the rules regarding name change or sex change.

Earlier also the petitioner had given two applications to Department of Publication, Government of India, asking name and sex change on her educational documents. But the said department rejected her plea by showing a proforma which obligatory demands sex reassignment surgery as pre-requisite for filling the sex change application.

Thus the petitioner has given the application against the violation of right entitled under Article 19 and Article 21. Furthermore, it goes against the law laid down by the esteemed Supreme Court Of India in NALSA v. Union of India. The petitioner is also agonized by the fact that the University of Delhi and the Central Board of Secondary Education has amended the law stating sex change in Educational documents

 According to the CBSE amended norms the period of name and exchange of the candidate is curtailed to anytime before the result publication. Recently, 10 years have been given to the from the date of publication to change the aforementioned details. The University of Delhi new rules demands the alterations to be made in records of CBSE before the changes sought in the University records. Thus these rules are forcing the petitioner to lead her life with the name and gender ascribed to her by birth but not the one she belongs to.



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Ankita Lal

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