LI Network
Published on: 24 August 2023 at 11:37 IST
Transgender individuals who undergo sex reassignment surgery encounter obstacles in obtaining renewed passports due to changes in their appearance, creating an issue that requires resolution, the Delhi High Court highlighted.
During a hearing of a petition presented by a transgender woman, seeking direction for authorities to re-issue her passport with updated details including her new name and gender, Justice Subramonium Prasad commented on the challenges faced by transgender individuals. The petitioner’s appearance had changed following her sex reassignment surgery.
Justice Prasad acknowledged that similar difficulties arise in multiple cases, with transgender individuals facing passport issuance troubles after their gender transition due to the resultant change in their appearance. Justice stressed the necessity for a streamlined approach to address this issue.
The petitioner, who was assigned male at birth, moved to the US in 2018 for employment. Between 2016 and 2022, she underwent a transition from male to female, gaining legal approval for her new name and gender through a court order in the US.
She applied to Indian authorities on January 18, 2023, for a re-issued passport reflecting her updated particulars. However, her application remained pending for over six months.
The Ministry of External Affairs and the Consulate General of India in Chicago, represented by Senior Panel Counsel Farman Ali Magray, stated that the petitioner’s application had been processed but was awaiting police verification. Magray requested additional time to gather more accurate information.
The court granted the Centre’s counsel time to consult with the relevant authorities and scheduled a further hearing for August 28.
The petitioner’s representation, led by Advocate Arundhati Katju, asserted that the delayed issuance of the revised passport had caused her significant harm. Stranded in Chicago, she couldn’t return to her home country or travel outside the US.
The petitioner’s passport, originally issued in 2013, inaccurately reflected her male name and gender. Subsequently, she sought to rectify her passport to reflect her female identity and appearance. She submitted a medical certificate demonstrating her sex reassignment surgery alongside her application.
The plea emphasized that the petitioner’s right to re-issue her passport with revised particulars is an integral aspect of her right to self-identification, a constitutionally protected right. T
he petitioner’s altered appearance incongruent with her passport data generates tangible difficulties during travel, including questioning by immigration officials.
The petition contended that a renewed passport would safeguard the petitioner’s dignity and identity from unnecessary scrutiny during airport travel and asserted that the authorities’ failure to issue the revised passport constitutes a direct affront to her dignity and personhood.