Centre Details Delhi HC Over The Process For Trans People Returning To India After Sex-Change Abroad

The Centre has informed the Delhi high court about the steps taken on the issue of allowing transgenders who have undergone gender affirmation surgery abroad.

These citizens once returned to India can apply for passport renewal along with providing updated information, the Centre informed.

During the hearing of the case, the Counsel appearing for the Ministry of External Affairs informed the bench led by Justice Sachin Dutta that if a person gives a supporting certificate or gender affirmation certificate along with an affidavit confirming gender change, then the certificate will be considered valid under the Transgender Persons Act 2019.

Earlier, the court had said that the new identity of people who have undergone sex change surgery abroad does not match the details given in the passport. In that condition it becomes difficult for them to return to the country.

The citizen returning to India can obtain the required documents from the concerned authorities and apply for renewal of passport.
The Ministry also informed the High Court that if the applicant is unable to provide any of the above documents, the applicant can be issued an emergency certificate.

The court took this information given by the Ministry of External Affairs on Record and directed that the passport manual should also be changed as per the statement of the Centre.

The court was hearing the petition of a transgender woman. The woman had undergone sex change surgery in America.

She faced difficulties in getting her passport reissued with a new name, gender and photo after the surgery.

She had to get a letter of recognition regarding this from the American court. She applied for a new passport in India, but did not get the passport. After that She filed a petition in the High Court.

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