Delhi HC Urges Streamlining Of Process For Updating Passport Of Transgender Persons Post Sex Change Surgery

The Delhi High Court, yesterday, while dealing with a Writ Petition filed by a transgender woman, who had undergone sex reassignment surgery, facing travel restrictions to India from Chicago due to non-issuance of a new passport with her updated name and gender by the Passport Authorities, observed that there is a need to streamline the process for individuals in similar situations, who may find it challenging to return to their home country or seek legal recourse due to such obstacles. 

During the hearing, the Single Judge Bench of Justice Subramonium Prasad told Advocate Farman Ali appearing for Union of India, "I don't intend to let go of this matter. The order of August 28th, passed by me, have a look at it and I want more instructions from you. I don't want to let go of this matter till some streamlining is made for any others who can't even approach the Courts."

The Court had in its order dated August 28, 2023, observed that "This Court has come across several cases where a person travels abroad for undergoing an operation for change in sex and due to that operation there is a change in name, change in sex and change in appearance of that person and the old passport does not match with the changes in name, change in sex and change in appearance of such a person due to which that person faces difficulty in coming back to India."

The Court had also observed that "There should be some method by which such persons should be able to get back to the country so that their particulars in their passport can get changed" and directed the Union of India to take instructions as to what steps are being taken by them to facilitate the return of such persons and also on the applicability of the Office Memorandum dated February 24, 2022, to a person who is not a transgender and has undergone a sex change surgery.

Yesterday, during the hearing, the Court was informed by Advocate Arundhati Katju appearing for the Petitioner that the Police verification from the Peititoner's end is done. Katju submitted that the Police have accepted the documents which will now, as per the procedure, go to the Superintendent of Police for verification.

Considering this, the Court adjourned the matter and stated in its order that, "We request to expedite the process to ensure that the Petitioner is in a position to travel back." 

In the Writ Petition filed through the Godiyal and Manoharan Chambers, the Petitioner Anahita Chaudhary prayed that directions be issued to the Passport Authorities to reissue the Petitioner's passport with updated information reflecting her changed name, gender, and appearance, as per her application submitted on January 18, 2023. 

Chaudhary emphasized that the delay in issuing the revised passport has caused significant hardship. She pointed out that this delay has prevented her from returning to India, her home country, while she is currently residing in Chicago, United States of America. "As a matter of fact, the inaction on the part of the Petitioners has prevented the Petitioner from travelling anywhere outside the USA", read the Petition. 

The Petitioner is a transgender woman who was originally assigned a male name and gender at birth. In 2018, she relocated to the United States of America on an H1-B visa after securing employment there. Her transition took place between 2016 and 2022, culminating in sex reassignment surgery in 2022.

Cause Title: Anahita Chaudhary v. Union of India & Anr. [W.P.(C) 11173/2023]