MEA tells Delhi High Court how trans persons can re-enter India, apply for new passport after sex-change abroad

The Central government recently informed the Delhi High Court of steps taken to allow transgender citizens who get gender affirmation surgery abroad to return to India and then apply for a renewed passport with updated details [Anahita Chaudhary Vs Union Of India & Anr.]..The Court had earlier expressed concern about transgender persons who find it difficult to return to India after a gender affirmation surgery abroad, as their name and characteristics may not match the details in their passport.The Union Ministry of External Affairs (MEA) informed single-judge Justice Sachin Datta on January 7 that such transgender persons can re-enter India by submitting a sworn affidavit of gender change with a certificate from the hospital where the gender affirmation surgery was conducted. This option is now available apart from the process of obtaining an identity card under the Transgender Person (Protection of Rights) Act.Notably, if the applicant is not in a position to submit these documents, the government may consider the issue of an Emergency Certificate, with an endorsement that “the holder has undergone medical intervention for gender affirmation.""On arrival to India, he/she may obtain requisite documents from the concerned authorities in India and apply for such re-issue of passport for change in gender,” the MEA added. .Ordinarily, transgender persons who undergo gender affirmation surgery can apply for a passport re-issue by submitting certain documents, namely:(a) a certificate of identity for change of gender (form-4) along with an identity card (form-6) issued under the Transgender Person (Protection of Rights) Act, 2019 read with Transgender Person (Protection of Rights) Rules 2020 in the desired gender; or(b) a sworn affidavit regarding the change in gender and a supporting certificate/ surgical reconstruction certificate from the hospital where the applicant underwent medical treatment;The emergency certificate route has been put in place in cases where the transgender applicant is not in a position to immediately furnish these documents. .The Court took this statement on record and directed that the passport manual shall also be changed in line with the Centre’s statement.“Needless to say, the necessary steps would be taken by the concerned respondents to bring the passport manual in line with the aforesaid statement,” the Court stated in its January 7 order..The Court was dealing with a plea by a transgender woman who had faced difficulties in getting her passport re-issued with her updated name, gender and photo after a gender affirmation surgery held in the United States (US). Through a US court order, she legally obtained a change of name and gender. As a result, she could lawfully rectify her name, gender and appearance as reflected in official documentation, such as her Illinois driver’s license.Following this, she submitted an application for the re-issuance of her passport on January 18, 2023. However, owing to an extended processing time exceeding six months, she moved the Delhi High Court against both the Central government and the Consulate General of India in Chicago, USA.Her plea emphasized that the delay in passport issuance unjustly hindered her ability to travel back to India, her home country.The Court noted that an updated passport has now been issued to her.The Court had earlier directed the Centre to evolve a policy for issuing passports to transgender persons who undergo gender affirmation procedures outside India and travel back. Last year, the Court had noted that such persons were expected to come back to India before effectuating a gender change in their passport details, which created difficulties for such persons.The Court had then observed that there was a pressing need to streamline the process.Since the Centre informed the Court of the steps to ease this process, the Court on January 7 closed the case..Senior Advocate Arundhati Katju with advocates Govind Manoharan, Samiksha Godiyal, Ritika Meena and Tenzing Bhutia appeared for the petitioner. Central Government Standing Counsel Rakesh Kumar along with advocate Sunil appeared for the Central government..[Read Order]