New Delhi, Aug 23 : The Delhi High Court has noted the challenges faced by transgender individuals who choose to undergo sex reassignment surgery and then encounter difficulties in obtaining a fresh passport due to the change in their appearance.
Justice Subramonium Prasad was hearing a case of a transgender person who sought a direction from the court to have her passport reissued with her updated particulars, including her new name and gender.
The court observed that similar problems are affecting others as well, and expressed the need for a streamlined process to address these concerns.
The petitioner, who transitioned from male to female between 2016 and 2022 after relocating to the US, submitted an application to the Indian authorities in January 2023 for a revised passport reflecting her updated details.
However, the application has been pending for over six months.
The Ministry of External Affairs and the Consulate General of India in Chicago informed the court that the application had been processed but was pending police verification.
The court granted the Centre time to get instructions and listed the matter for hearing next on August 28.
The petitioner’s lawyer argued that the failure to reissue the revised passport has caused significant harm to her, as she is currently in the US and is unable to travel elsewhere.Her right to self-identification, protected under the Indian Constitution, has been compromised by the mismatch between her passport details and her current identity.
The plea said that having a revised passport is essential for maintaining dignity and identity, especially during travel and encounters with authorities.
The inability to secure the updated passport was described as an assault on her dignity and personhood.
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