NEW DELHI: In a significant move, the Central government has introduced new measures to streamline the passport renewal process for transgender citizens who undergo gender affirmation surgery abroad.
The announcement was made during a Delhi High Court hearing, which addressed the challenges faced by transgender individuals in updating their passport details post-surgery. The court had previously noted the difficulties transgender citizens face when their personal details no longer match their passports following surgery overseas.
Responding to these concerns, the Union Ministry of External Affairs (MEA) informed Justice Sachin Datta on January 7 about the newly implemented procedures. Under the new guidelines, transgender individuals returning to India can submit a sworn affidavit confirming their gender change, along with a certificate from the hospital where the surgery was performed.
This procedure complements the existing mechanism under the Transgender Person (Protection of Rights) Act, 2019. For those unable to provide the required documents immediately, the government has introduced an Emergency Certificate option. This certificate will carry an endorsement stating that the holder has undergone gender affirmation surgery.
Upon returning to India, the individual can then secure the necessary documents to apply for a passport re-issue reflecting their updated gender.
The MEA assured the court that amendments would be made to the passport manual to incorporate these new guidelines, ensuring a more straightforward process for transgender persons. The Court recorded the government’s assurances and directed the necessary updates to the manual. The case that prompted this development involved a transgender woman who had undergone gender affirmation surgery in the United States.
Despite legally changing her name and gender in the U.S. and updating her identification documents, she faced significant delays in renewing her passport, which led her to seek legal intervention. Her plea highlighted the undue hardship caused by the delay.