In a significant development, the Ministry of External Affairs (MEA) informed the Delhi High Court about the process for transgender individuals who have undergone gender change surgery abroad to return to India and apply for passport renewal with updated information.
The Central Government informed the court about steps to help transgender individuals with mismatched passport details after gender change surgery abroad.
A Ministry lawyer told Justice Dutta that transgender individuals could renew their passports in India without the certificate from the Transgender Persons Act of 2019.
The waiver applies if the individual submits a supporting certificate, surgical reconstruction certificate, and an affidavit confirming the gender change. This document would confirm that the person underwent surgery to change their gender.
The MEA also informed the court that if the applicant cannot provide the required documents, an emergency certificate can be issued to support the individual’s case. Following this, the concerned authorities in India will issue the necessary documents for passport renewal.
The court noted the Ministry’s information and directed the government to update the passport manual accordingly.
This update came during a petition by a transgender woman who had surgery in the U.S. After the surgery, she faced significant challenges in getting her passport re-issued with the new name, gender, and photo. She had to obtain a letter of recognition from a U.S. court regarding the gender change.
Despite applying for a new passport in India, her request was initially denied. Her petition in the Delhi High Court prompted the government to clarify the passport renewal process for transgender individuals post-surgery.
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