Submit affidavit after gender change abroad for fresh passport: MEA

There is no need for a certificate of identity for change of gender with an identity card issued under the Transgender Person (Protection of Rights) Act, 2019

The Union ministry of external affairs has told the Delhi high court that citizens who apply for a fresh passport after undergoing gender affirmation procedures abroad, need only submit an affidavit regarding their change in gender along with a certificate from the hospital where the surgery was conducted.

This means there is no need to a certificate of identity for change of gender along with an identity card issued under the Transgender Person (Protection of Rights) Act, 2019, as mentioned in an August 2023 submission by the ministry to the court, based on an office memorandum dated February 2022.

The ministry, represented by standing counsel Rakesh Kumar submitted before a bench of justice Sachin Datta on January 7 that according to the ministry a person who did not wish to return to the country, could apply for a fresh passport by either submitting a certificate under the act or an affidavit along with a certificate from the hospital, where the surgery was conducted.

Kumar added that the ministry has also set up an emergency route for the applicants who wished to come to India and did not have the requisite documents. Under this, the ministry would consider issuing an emergency certificate endorsing that the holder has undergone a gender affirmation procedure, and the applicant pursuant to arrival in the country could apply for a re-issue of passport.

The ministry’s move came after the court prodded the government to formulate a policy through which such citizens could easily get their fresh passports.

The matter arose from a plea filed by a transgender woman, Anahita Chaudhary, who underwent a sex reassignment surgery in Thailand, seeking to direct the union ministry of external affairs to issue her a fresh passport with revised particulars, including a new name and gender.

The court, on January 7, closed the petition, taking note of the fact that Chaudhary’s grievance stood redressed as she had been issued a passport with changed name, gender marker and appearance.

Senior advocate Anand Grover termed the external affairs ministry’s move as a “good development”.

“This is a good development. However, the assignment of the gender is only for those who have already got a transgender certificate. The affidavit of the hospital is then used to assign the final gender,” he told Hindustan Times.

Courtesy: Hindustan Times

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