Centre outlines process for transgender citizens returning to India after gender affirmation surgery abroad

Transgender citizens who undergo gender affirmation surgery abroad can re-enter India by submitting a sworn affidavit of gender change along with a certificate from the hospital, the Union government has informed the Delhi High Court. The court was dealing with the case of a transgender person who had undergone gender affirmation surgery outside India and faced difficulties in returning home. Multiple changes Last August, the court had observed that it “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.” “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,” the court had then observed. It said the person needs to submit a “Certificate of Identity for change of gender, along with identity card, issued under the Transgender Person Act, 2019 read with Transgender Person Rules 2020 in the desired gender.” Alternatively, the person can submit a “Sworn affidavit regarding change in gender and Supporting Certificate/Surgical Reconstruction certificate from the hospital where the applicant underwent medical treatment for the purpose.” In case the applicant is unable to furnish any of these documents, the Centre may consider issuing an Emergency Certificate with an endorsement stating that “the holder has undergone medical intervention for gender affirmation.” “On arrival to India, he/she may obtain requisite documents from the concerned authorities in India and apply for such re-issue of passport for change in gender,” the Centre said.