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Synopsis

In a pivotal case that could reshape the legal understanding of gender identity, the Allahabad High Court has asked the State of Uttar Pradesh to clarify its stance on gender recognition laws.

The court was approached by an individual who had undergone female-to-male (FTM) surgery and legally changed their name, seeking an order directing the State to update their educational certificates and mark sheets to reflect their new gender identity.

Despite the petitioner’s efforts, including submitting applications to the High School and Intermediate Education, Prayagraj, and the Board of Technical Education, Lucknow, the requests for document modification remain unresolved, prompting the move to court.

The bench of Justice Alok Mathur highlighted the broader implications of the issue, questioning whether gender identity can be solely determined by surgical procedures.

He said that to determine whether merely on account of FTM Mastectomy surgery (female to male) a person is liable to be considered as a male is an issue that has to be determined by the State Government / Central Government and some rules or laws in this regard ought to be passed.

"What would be the factors that would determine the gender of the petitioner? Whether the presence of XX / XY chromosomes or any individual organ of the body would determine the gender of an individual has to be considered and provided either by the legislature or by the Government by promulgating any enactment or rule", the judge observed. 

He stressed that in cases like this, courts can only instruct authorities to follow the law if they are not doing so or review any orders that might violate existing laws or rules.

However, the court does not have the authority to determine an individual's gender in the absence of specific laws or regulations, he clarified.

Accordingly, the single judge bench directed the State’s counsel to inform the court whether any legislation or rules are being contemplated by the State to address this critical issue.

The matter has been scheduled for further hearing on September 18, 2024.

Case Title: xxx   v.   State Of U.P. Thru. Prin. Secy. Technical Education Lko. And 2 Others