The Ministry of External Affairs (MEA) informed the Delhi High Court on 7th January about the procedure through which Indian citizens who undergo sex-change surgery abroad, can change details in their passport. A bench of Justice Sachin Datta was hearing a plea filed by a transgender woman who was facing difficulties in getting her passport re-issued after getting details about her name, gender and photo changed after her sex-change surgery.
The trans-woman who lives in the US got her personal details changed in her Illinois driver’s license through a US court order. However, she was facing a delay in getting her personal information updated in her Indian passport for which she had applied on January 18, 2023. Therefore, she approached the Delhi High Court seeking redressal.
The MEA informed the Delhi High Court that a person who undergoes a gender affirmation surgery abroad can enter India by submitting a sworn affidavit of gender change with a certificate from the hospital where the surgery was done. This is in addition to the provision available under the Transgender Person (Protection of Rights) Act to obtain an identity card.
As per the MEA, the ordinary procedure to obtain a re-issued passport with updated gender change details is by submitting the following documents:
(1) a certificate of identity for change of gender (form 4) along with an identity card (form6) issued under the Transgender Person (Protection of Rights) Act, 2019 read with Transgender Person (Protection of Rights) Rules, 2020 in the desired gender; or
(2) a sworn affidavit regarding the change in gender and a supporting certificate/ surgical reconstruction certificate from the hospital where the applicant underwent medical treatment.
Besides, if such a person somehow is not able to submit these documents immediately, the government may consider issuing an Emergency Certificate endorsing that ‘the holder has undergone medical intervention for gender affirmation’. After entering the country, the person can obtain the required documents from concerned authorities in India and apply for re-issue of passport for change in gender.
Earlier the court had expressed concern over the requirement that if a person undergoes sex change surgery outside India, such a person must return to India to get their passport updated. The court had directed the central government to streamline the procedure to issue passports to persons who undergo gender affirmation surgeries abroad. In response to this direction, the MEA submitted the information.
The ministry further said that the requirement for issuing a certificate under the Transgender Persons (Protection of Rights) Act, 2019 is waived if the individual provides a sworn affidavit affirming the change in gender along with a supporting certificate/surgical reconstructions certificate from the hospital where the individual underwent medical treatment for change in gender.