The Ministry of External Affairs (MEA) has recently informed the Delhi High Court regarding the procedure for transgender individuals who have undergone gender affirmation surgery abroad to update the gender details in their Indian passport. In its submission to the Court, the MEA outlined the specific documents that such individuals would need to present upon returning to India to initiate the process of passport renewal with their updated gender.
These documents may include a medical certificate confirming the gender-affirming procedure, a legally recognized change of gender certificate from the relevant authorities in the country where the surgery was conducted, and other supporting paperwork such as a gender recognition certificate, if applicableThe bench of Justice Sachin Datta, observed that the standing counsel for the respondents had stated that the requirement for a certificate under the Transgender Persons (Protection of Rights) Act, 2019 can be waived if the individual provides a sworn affidavit confirming the gender change, along with a supporting certificate or surgical reconstruction certificate from the hospital where the individual underwent the gender-affirming medical procedure.Earlier, the Court had raised concerns about why a transgender person who undergoes gender affirmation surgery abroad must return to India before their gender can be updated in their passport.
In response, the standing counsel for the respondents was given a copy of the communication from the Ministry of External Affairs. The communication outlined the process for updating the gender on a passport from transgender to male or female.
The applicant may submit one of the following:1) A valid Certificate of Identity for Gender Change (Form-1) or a long-term identity card (Form-6), issued under the Transgender Persons (Protection of Rights) Act, 2019, along with the Transgender Persons (Protection of Rights) Rules, 2020, reflecting the applicant's desired gender; or2) A sworn affidavit confirming the change of gender, accompanied by a supporting certificate or surgical reconstruction certificate from the hospital where the applicant underwent medical treatment for gender affirmation.
The Ministry further stated that if the applicant is unable to provide either of the above documents, they may be issued an Emergency Certificate with the endorsement, "The holder has undergone medical intervention for gender affirmation." Upon arrival in India, the individual can obtain the necessary documents from the relevant authorities and apply for the re-issuance of their passport with the updated gender