The Ministry of External Affairs (MEA) has streamlined the process for transgender individuals who have undergone gender affirmation surgery abroad to update their gender details on Indian passports. The steps were shared in response to concerns raised in the Delhi High Court, highlighting the government's efforts to accommodate the needs of the transgender community.
Required Documents for Gender Update
According to the MEA, transgender individuals returning to India after surgery need to provide specific documents for updating their gender details during passport renewal. These documents include:
A medical certificate confirming the surgery. A legally recognized gender change certificate from the country where the procedure was conducted. If applicable, a gender recognition certificate from the respective authority.Alternative Options for Proof
In cases where individuals face difficulties obtaining certain documents, the Delhi High Court emphasized the flexibility provided under the Transgender Persons (Protection of Rights) Act, 2019. Justice Sachin Datta noted that the requirement for a certificate under the Act could be waived. Instead, individuals can present:
A sworn affidavit affirming the gender change.
A surgical reconstruction certificate issued by the hospital where the surgery was performed. This clarification was made after the Court raised concerns about why individuals must return to India before updating their gender details on passports.
Emergency Certificate Option
For those unable to produce the required documents immediately, the MEA allows for the issuance of an Emergency Certificate. This certificate will include a special endorsement stating, “The holder has undergone medical intervention for gender affirmation.” Once in India, individuals can complete the documentation process and apply for a new passport reflecting their updated gender.
MEA’s Commitment to Inclusivity
This streamlined approach aligns with the Transgender Persons (Protection of Rights) Act, 2019, ensuring the process is more inclusive and accessible. The flexibility aims to address the unique challenges faced by transgender individuals and provide a clear path for updating their official documents.
By simplifying the procedure and accommodating various documentation scenarios, the MEA demonstrates its commitment to supporting transgender individuals navigating life transitions, both abroad and in India.
The Ministry of Home Affairs (MHA) had, in 2023, urged the Ministry of External Affairs (MEA) to formulate a policy aimed at simplifying the passport issuance process for individuals who undergo sex reassignment surgery abroad. The proposed policy would ensure that such individuals can obtain a fresh passport without facing unnecessary hurdles, as biometric details like fingerprints and iris scans remain unchanged even after these medical procedures.