MEA Informs Delhi High Court Of Documents Required For Gender Change Recognition In Passports After Surgery Abroad
The Ministry of External Affairs (MEA) has recently informed the Delhi High Court about the documents that an individual who has undergone a gender change abroad can submit upon returning to India, in order to reflect the change of gender in the passport.
The submission was made in a plea moved by a transgender woman–petitioner, whose grievance raised in the plea had been redressed inasmuch as the petitioner had been issued a passport with the changed name, gender marker, and appearance, as requested in the petitioner's January 2023 application.
The MEA's communication stated that for change of gender in passport from transgender to Male/Female, an applicant may submit:
“(a) Certificate of Identity for change of gender (form-4) alongwith identity card (form-6), issued under the Transgender Person (Protection of Rights) Act, 2019 read with Transgender Person (Protection of Right) Rule 2020 in the desired gender
OR
(b) Sworn affidavit regarding change in gender and Supporting Certificate/Surgical Reconstruction certificate from the hospital where the applicant underwent medical treatment for the purpose.”
The communication further stated that if the applicant is unable to submit the above-mentioned documents, the MEA may issue an Emergency Certificate with endorsement that "the holder has undergone medical intervention for gender affirmation".
On arrival to India, the applicant can obtain required documents from the concerned authorities and apply for re-issue of passport for change in gender.
The Court had in July 2024 expressed concerns over the requirement that a transgender person, who undergoes gender affirmation surgery outside of India, must return to India before their gender change can be reflected in their passport.
It had directed the Union of India to take instructions on the steps being taken by the UOI to facilitate the return of persons who underwent gender affirming surgery.
In view of the order, the UOI's counsel produced the MEA's communication. The counsel submitted that the requirement for issuing a certificate under the Transgender Persons (Protection of Rights) Act, 2019 is waived if the individual provides a sworn affidavit affirming the change in gender along with a supporting certificate/surgical reconstructions certificate from the hospital where the individual underwent medical treatment for change in gender.
Justice Sachin Datta took note of this and stated, “Needless to say, the necessary steps would be taken by the concerned respondents to bring the passport manual in line with the aforesaid statement.”
With these observations, the Court disposed of the petition.
Case title: Anahita Chaudhary Union Of India & Anr. (W.P.(C) 11173/2023)