Transgender recognition in official documents: Delhi HC seeks response

The Delhi High Court seeks a detailed response from the Union of India on recognizing transgender persons in official and educational documents, noting the case's broad implications for records like passports, Aadhaar, and birth certificates.

The Delhi High Court has sought a detailed response from the Union of India on issues concerning the recognition and recording of transgender persons in educational and official documents, observing that the outcome of the case could have far-reaching implications across multiple government records.

A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain, while hearing a batch of petitions, directed that the Secretary of the Ministry of Social Justice and Empowerment (MoSJE) be impleaded as a respondent and asked the Centre to file its stand by way of an affidavit within six weeks. The Court noted that the petitions raise questions regarding how transgender persons are identified in certificates issued by institutions such as the University of Delhi and the CBSE. It further observed that any directions passed in the matter may also affect other official documentation, including birth and death certificates, passports, Aadhaar cards and driving licences.

Debate Over Transgender Persons Act Amendment

During the hearing, counsel for CBSE referred to the Transgender Persons (Protection of Rights) Amendment Act, 2026, highlighting changes in the statutory definition of a "transgender person." However, the petitioners argued that the amendment is yet to be notified and submitted that they would fall within the amended definition in any case.

Court Seeks Comprehensive Directions

Taking note of the broader ramifications, the Court permitted the Centre to consult other ministries, if required, to assist in framing comprehensive directions. It also directed parties to file written submissions addressing the effect of the amendment before the next date of hearing on July 15, 2026. (ANI)

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