The High Court, presided over by Justice Sachin Datta, was responding to a plea filed by a transgender woman who faced delays in obtaining a reissued passport reflecting her updated name, gender, and photograph after her surgery in the United States. The case brought attention to the challenges faced by transgender individuals navigating bureaucratic hurdles post-surgery.
A smoother route to re-entry
To address these issues, the MEA stated that transgender persons can now re-enter India by presenting:
- A sworn affidavit declaring the gender change, and
- A certificate from the hospital where the surgery was performed.
For those unable to furnish these documents immediately, the government has introduced an Emergency Certificate, the report said. This document includes an endorsement acknowledging the holder’s gender-affirming medical intervention. “On arrival in India, he/she may obtain requisite documents from the concerned authorities and apply for re-issuance of the passport with updated details,” the MEA explained.
Passport manual to reflect new provisions
The High Court welcomed the MEA’s measures and directed that the passport manual be updated to reflect these changes. “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 noted.
Transgender rights on the global stage
The petitioner, who legally changed her name and gender through a US court order, encountered significant delays in her passport application submitted in January 2023. Despite having all requisite documentation, including an updated Illinois driver’s license, the processing time exceeded six months, compelling her to approach the Court.
The delay had obstructed her ability to travel to India, which she described as an undue hindrance. Following her plea, the updated passport was eventually issued, but the case underscored the pressing need for clear policies to support transgender individuals in similar situations.
Policy changes on the horizon
This isn’t the first time the Delhi High Court has raised concerns about the difficulties faced by transgender persons travelling back to India after undergoing gender affirmation surgery. Last year, the Court called on the Centre to develop a streamlined process, observing that requiring individuals to return to India before updating passport details was impractical and discriminatory.
With these recent developments, the government has now addressed these concerns, ensuring that transgender individuals have a clearer path to return and update their official documents. The Court subsequently closed the case.
The petitioner was represented by Senior Advocate Arundhati Katju, along with advocates Govind Manoharan, Samiksha Godiyal, Ritika Meena, and Tenzing Bhutia. The Central Government’s legal team included Standing Counsel Rakesh Kumar and advocate Sunil.
