Transgender Moves Delhi HC to Reissue Passport with Updated Name and Gender

A transgender woman, currently residing in Chicago (US), has moved the Delhi High Court, seeking a directive to reissue a passport under her new identity name.

Her prior passport had been issued under her former male identity. Having undergone a sex reassignment surgery in 2022, she now encounters barriers in her plans to travel to India.

A bench of Justice Subramonium Prasad recently heard the short submissions of counsels for the petitioner. They informed the court that there is some progress as there is information regarding the police verification.

Upon reviewing the submissions, Justice Prasad remarked, “Numerous similar cases have emerged wherein transgender individuals confront challenges in obtaining passports due to post-surgery appearance changes. The process needs streamlining.”

The bench also instructed the counsel representing the central authorities to gather information on the matter.

The hearing is scheduled for August 28th to further deliberate on the case.

The petitioner, Anahita Chaudhary, has submitted a plea requesting the authorities to reissue her passport with revised details, encompassing her name, gender, and appearance, as indicated in her application dated January 18, 2023.

The plea highlighted that the application has remained pending with the concerned parties for more than six months.

Moved by advocates Govind Manoharan and Samiksha Godiyal, the petition underscores that the petitioner is severely prejudiced due to the non-issuance of the updated passport by the authorities. This circumstance restrains the petitioner, currently in Chicago, United States of America, from returning to her home country, India. In effect, the petitioner’s inability to secure the revised passport obstructs her from traveling outside the USA altogether.

The petitioner, initially assigned a male name and gender at birth, relocated to the US on an H1-B visa in 2018 following gainful employment opportunities.

Between 2016 and 2022, the petitioner transitioned, culminating in a sex reassignment surgery in 2022. Following this transition, the petitioner obtained legal modification of her name and gender through a US court order. Consequently, she succeeded in rectifying her name, gender, and appearance on official documents, including her Illinois driver’s license.

The petition targets both the Central Government and the Consulate General of India in Chicago, US.

The petitioner’s passport, initially granted in 2013, listed her name and gender as ‘male’. Consequently, she applied to the Consulate General of India in Chicago for passport reissuance, accompanied by her existing passport.

The petition points out that the respondents are mandated by Section 5(2) of the Passports Act, 1967 to adjudicate on the petitioner’s application for passport reissuance. Additionally, the Passport Manuals, 2020, in Clause 8.1, address “Change of Sex.” Notably, the clause specifies that “Change in sex from male/female to transgender does not necessitate submission of a surgical reconstruction certificate. If an applicant identifies as transgender, the assertion may be accepted in good faith as it pertains to self-identity.”

In the current case, the petitioner has duly submitted a required medical certificate, validating her male-to-female sex reassignment surgery, along with her application.

The petition further asserts that despite numerous requests for updates, the respondents have failed to reach a decision over a period of seven months.

On March 7, 2023, the petitioner received notice that, owing to the gender change aspect, her case awaits review by the Central Government. Subsequent representations and reminders to the respondents have remained unanswered.

The petition contends that the unlawful withholding of the petitioner’s application inflicts substantial harm. The petitioner has been unable to travel back to India and reunite with her family throughout the three-year pandemic period. The inordinate delay in processing her application impairs her right to international travel, including the right to return to her homeland—a facet of her personal liberty. Furthermore, the petitioner’s passport is nearing expiration, yet it continues to be retained or withheld by the respondents.

The petitioner’s entitlement to passport reissuance with revised details aligns with her right to self-identification, safeguarded by Articles 14, 15, 19, and 21 of the Constitution of India, the petition concludes.