Delhi HC agrees to hear petition of Transgenders facing difficulties in obtaining a new passport after gender reassignment surgery

Delhi HC agrees to hear petition of Transgenders facing difficulties in obtaining a new passport after gender reassignment surgery

Recently, Delhi High Court agrees to hear a petition regarding the difficulties faced by a transgender woman in obtaining a new passport after gender reassignment surgery

The court stated that transgender individuals who choose to undergo gender reassignment surgery face challenges in obtaining a new passport due to changes in their gender identity.

The single-headed bench of Justice Subramanyam Prasad's stated that similar issues are arising in several cases. These individuals are suffering due to passport deficiencies after changing their gender.

 This needs to be addressed systematically.

The petitioner's lawyer, Arundhati Katju, informed the court that because of the non-issuance of amended passports, the petitioner is unable to travel anywhere outside the United States.

Case Brief –

The petitioner stated in the petition that she was male from birth. In the year 2018, she moved to the United States for employment, and between 2016 and 2022, she transitioned from male to female. Following a court order in that country, she was able to legally change her name and gender.

Later, in India, she requested officials to reissue her passport with amended details, including her new name and gender. However, her application has been pending with the authorities for more than six months. It is mentioned in the petition that not issuing her the amended passport is a direct assault on her dignity and identity, as her appearance has changed after undergoing surgery

The court has listed the case for further hearing on August 28th.

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