Delhi High Court Directs Government to Ensure Implementation of Transgender Rights Act
Central Government Given Final Opportunity to Respond on Compliance with Transgender Persons (Protection of Rights) Act, 2019
In a significant ruling, the Delhi High Court has underscored the importance of compliance with the Transgender Persons (Protection of Rights) Act, 2019, and its associated rules, emphasizing the need for timely implementation of statutory rights for transgender individuals seeking changes in their official documents. The decision comes in the wake of petitions filed by Riya Sharma and others against the Union of India, highlighting the alleged non-compliance with statutory mandates.
The court, presided over by Justices Nitin Wasudeo Sambre and Anish Dayal, addressed the grievances of transgender petitioners who have undergone a change of gender and are seeking entitlement to benefits under the Act. The petitioners argued that the Central Government had failed to implement necessary changes in official documents as stipulated under the Transgender Persons (Protection of Rights) Rules, 2020.
Particular emphasis was placed on Rule 7(6) of the Rules, which mandates the revision of gender, name, or photograph in official documents based on a certificate of identity. The court noted the importance of adhering to guidelines issued by the National Institute of Social Defence, which falls under the Ministry of Social Justice and Empowerment, to facilitate the reissuance of official documents incorporating necessary changes.
The court highlighted the role of the National Council, established under Section 16 of the Act, in advising the Central Government on policies and projects concerning transgender persons. The Council, supported by the National Institute of Social Defence, is tasked with providing secretarial assistance and ensuring the effective conduct of its meetings.
The court expressed disappointment over the Central Government's lack of response in addressing these sensitive matters, which could have warranted imposing costs on the Secretary of the Central Government. However, acknowledging the request from Union of India's counsel, Mr. Vikrant N. Goyal, the court granted a final four-week extension for the government to submit its response.
The court directed that an advance copy of the response be shared with the respective counsels, allowing them to file their counter within two weeks. The matter is scheduled for further hearing on 20th November 2025, marking a critical step towards ensuring the rights and dignity of transgender individuals in India.
Bottom Line:
Implementation of rights under the Transgender Persons (Protection of Rights) Act, 2019, and compliance with statutory mandates under the Transgender Persons (Protection of Rights) Rules, 2020, regarding changes in official documents for transgender persons.
Statutory provision(s): Transgender Persons (Protection of Rights) Act, 2019 - Sections 2(k), 16, 17; Transgender Persons (Protection of Rights) Rules, 2020 - Rules 2(d), 3, 5, 7(6), 13, 14
Riya Sharma v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2787008
