The Centre has informed the Delhi High Court about the measures being implemented to assist transgender individuals who undergo gender affirmation surgery abroad and wish to return to India.
During a recent hearing, the Ministry of External Affairs (MEA) conveyed to the bench led by Justice Sachin Dutta that citizens who have transitioned abroad can apply for passport renewal by submitting updated information. This includes providing a gender affirmation certificate along with an affidavit confirming the gender change. Such documentation will be recognized as valid under the Transgender Persons Act of 2019.
The issue arose when the court pointed out that individuals who undergo sex-change surgeries abroad often face discrepancies between their new identity and the details on their passports, which complicates their re-entry into India. The Centre responded by clarifying that these individuals could obtain the necessary documents from relevant authorities in India to facilitate passport renewal.
The Ministry also assured the court that, in cases where applicants cannot provide the required documents, they would be issued an emergency certificate to ease their re-entry process.
The court took this response on record and directed that the passport manual be updated in line with the Centre’s statement, ensuring smoother processing for transgender individuals seeking to renew or obtain passports after gender affirmation surgery.
This case was brought to the court’s attention by a transgender woman who had undergone sex-change surgery in the United States. Upon returning to India, she encountered difficulties in reissuing her passport with her new name, gender, and photo. She was initially required to obtain a letter of recognition from a U.S. court before applying for a new passport in India. However, her application for a new passport was denied, prompting her to file a petition with the Delhi High Court seeking resolution.
Centre’s clarification and the court’s subsequent directives offer a clearer path for transgender citizens in similar situations, ensuring their updated identity is recognized and their re-entry into India is facilitated without unnecessary bureaucratic hurdles.
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