Transgender woman moves Delhi High Court for re-issuance of passport with new name, gender and photo

A transgender woman has moved the Delhi High Court seeking re-issuance of her passport with her changed name, gender and photo..Justice Subramonium Prasad noted that the number of cases in which transgender persons face difficulties with passport issuance owing to changes in their appearance demonstrates a pressing need to streamline the process..The Court directed the Central government counsel to take instructions on the issue and posted the matter for hearing on August 28..The petitioner was initially assigned a male name and gender at birth. Subsequently, she relocated to the United States of America (USA) on an H1-B visa after securing employment there.Between the years 2016 and 2022, she underwent a gender transition and ultimately opted for sex reassignment surgery in 2022. Through a court order in the United States, she legally obtained a change of name and gender. As a result, she could lawfully rectify her name, gender and appearance as reflected in official documentation, such as her Illinois driver’s license.Following this, she submitted an application for the re-issuance of her passport on January 18, 2023. However, owing to an extended processing time exceeding six months, she moved the Delhi High Court against both the Central government and the Consulate General of India in Chicago, USA..Her plea emphasized that the delay in passport issuance unjustly hindered her ability to travel back to India, her home country. Additionally, the plea highlighted the statutory obligation of the respondents under Section 5 (2) of the Passports Act, 1967, to make a decision regarding her application.The petition also pointed out that according to clause 8.1 of the Passport Manuals from 2020, changes in gender do not necessitate the submission of a surgical reconstruction certificate. Despite this, the petitioner had submitted one.The petitioner further clarified she had sought guidance from the Consul (Passport Division), and as of the present date, no further documents were requested from her.She argued that her right to obtain a re-issued passport was an aspect of her right to self-identification, safeguarded by Articles 14, 15, 19, and 21 of the Constitution of India."The revised passport ensures that the petitioner’s dignity and identity are not put on trial by strangers at an airport when the petitioner boards an airplane back home to see her family. The act of the Respondents in not in issuing her revised passport is a direct assault on her dignity and personhood," the plea stated..Advocates Arundhati Katju along with advocates Samiksha Godiyal and Govind Manoharan and assisted by advocates Ritika Meena and Apurva Singh represented the petitioner.