Delhi High Court Seeks Centre's Response On Plea Challenging Requirement Of Sex Change Certificate For Re-Issuance Of Passport To Transgender Persons
3 years, 5 months ago

Delhi High Court Seeks Centre's Response On Plea Challenging Requirement Of Sex Change Certificate For Re-Issuance Of Passport To Transgender Persons

Live Law  

The Delhi High Court on Tuesday asked the Centre to respond on a petition seeking issuance of a new passport to a Transgender woman with the required changes in name and gender without insisting on the production of sex-change certificate.A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh allowed the request made by Centre's counsel, Soumya Singh, to grant more time to. The Delhi High Court on Tuesday asked the Centre to respond on a petition seeking issuance of a new passport to a Transgender woman with the required changes in name and gender without insisting on the production of sex-change certificate. The plea, filed by a Transgender woman, also challenges the Passport Rules, 1980 insofar as it requires production of a Sex Reassignment Surgery Certificate, for effecting change of sex in the passport. It adds, "mandating the Petitioner to produce 'certification from hospital where he / she underwent sex change operation successfully' is also arbitrary, illegal, violative of Article 21 of the Constitution and contrary to the judgment of the Hon'ble Supreme Court in National Legal Services Authority vs Union of India and others."

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History of this topic

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC
1 month ago

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC

Live Law  

The Kerala High Court has said that Courts have to be liberal while considering issuing a No Objection of Certificate for passports when the case pending against the applicant is a matrimonial issue or a trivial/ simple offence.In doing so the court said that if a liberal approach is not adopted in such cases, the applicant's right to go abroad …

Transgender identity certificate will be treated as valid documentation for PAN: Centre to Supreme Court
4 months, 1 week ago

Transgender identity certificate will be treated as valid documentation for PAN: Centre to Supreme Court

The Hindu  

The Centre has told the Supreme Court that a 'certificate of identity' issued by the District Magistrate under the Transgender Persons Act, 2019 will be treated as valid documentation for applying for a PAN card. "During the pendency of this petition, we sought a reply from Union of India, who has been very supportive in this matter and by and …

Certificates Issued Under Transgender Persons Act 2019 Acceptable For PAN Card Applications : Centre Tells Supreme Court
4 months, 1 week ago

Certificates Issued Under Transgender Persons Act 2019 Acceptable For PAN Card Applications : Centre Tells Supreme Court

Live Law  

The Supreme Court recently suggested that the Union of India should incorporate provisions allowing certificates for identity and gender change issued under the Transgender Persons Act, 2019 as valid documentation for applying for a PAN card into the relevant Rules. The Court observed, “During the pendency of this petition, we sought a reply from Union of India, who has been …

Transgender identity certificate will be treated as valid documentation for PAN: Centre to SC
4 months, 1 week ago

Transgender identity certificate will be treated as valid documentation for PAN: Centre to SC

India TV News  

The Centre has informed the Supreme Court that a transgender identity certificate will be considered valid documentation for obtaining a Permanent Account Number card. The Indian government has also informed the court that a 'certificate of identity' issued by the district magistrate under the Transgender Persons Act, 2019 will be valid documentation for applying for a PAN card. "During the …

Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate
5 months, 1 week ago

Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate

Live Law  

The Kerala High Court has directed the Union Government to grant Indian citizenship to two women aged 21 and 24, without insisting upon a Renunciation certificate from the Pakistan government. The Court was considering a plea by petitioners who were unable to obtain a Renunciation Certificate from the Pakistan government since they migrated before attaining 21 years of age as …

Right To Be Identified By One's Name Fundamental To Individual's Identity: Delhi High Court
8 months, 3 weeks ago

Right To Be Identified By One's Name Fundamental To Individual's Identity: Delhi High Court

Live Law  

The Delhi High Court has recently observed that name of an individual is an identity marker and the right to be identified by one's name is fundamental to one's very identity.“It partakes, therefore, of a primordial necessity, and the Court has, when petitioned in that regard, to ensure that the request, if genuine, is acceded to,” Justice C Hari Shankar …

Citizenship Act Prevails Over Passport Manual: Delhi High Court
9 months, 2 weeks ago

Citizenship Act Prevails Over Passport Manual: Delhi High Court

Live Law  

The Delhi High Court has said that the Citizenship Act, 1955, prevails over the Passport Manual of 2020, observing that a subordinate legislation cannot override the parent legislation.Justice Subramaniam Prasad allowed the plea moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.The parents of the children were Indian. The Delhi …

Delhi High Court hears plea against conditions on married women using maiden surname
10 months, 1 week ago

Delhi High Court hears plea against conditions on married women using maiden surname

India Today  

The Delhi High Court has issued a notice on a plea challenging the government's notification for obtaining a maiden surname by a woman post-marriage. The plea, filed by Divya Modi, alleged the notification imposed gender bias and "impermissible discrimination" by imposing additional and disproportionate requisites exclusively on women. "This notification poses an obstacle to the Petitioner's right to change her …

Need Time To Develop Policy For Fresh Passports To Individuals Undergoing Sex Change Abroad: MEA To Delhi High Court
1 year, 1 month ago

Need Time To Develop Policy For Fresh Passports To Individuals Undergoing Sex Change Abroad: MEA To Delhi High Court

Live Law  

The Ministry of External Affairs has told the Delhi High Court that it needs time to thoroughly examine the suggestion of developing a new policy on issuance of new passport to those who undergo medical procedures for sex change abroad in order to verify their identities as the biometrics do not change after such surgeries.The court has been informed that …

Delhi High Court says every citizen has the right to hold a passport
1 year, 5 months ago

Delhi High Court says every citizen has the right to hold a passport

The Hindu  

The Delhi High Court has said that every citizen has a legal right to hold a passport, and authorities cannot refuse to renew it merely on an apprehension that the earlier passports might have been misused. Justice Subramonium Prasad, while dealing with a petition by an Indian citizen seeking a change in the date of birth mentioned in his passport, …

Bengaluru processes passport with gender change for man turned woman: Report
2 years, 1 month ago

Bengaluru processes passport with gender change for man turned woman: Report

Hindustan Times  

In a rare instance, the Regional Passport Office in Bengaluru received a gender change request on a passport after a resident underwent sex-change surgery to become a woman. This is perhaps the first time that a passport is being rectified for gender change after a surgical procedure in Bengaluru since the process became digitised, The Times of India reported. A …

High Court Gives Delhi Govt Four Months To Decide on Recognizing Transgenders As Third Gender on DTC Bus Tickets
2 years, 2 months ago

High Court Gives Delhi Govt Four Months To Decide on Recognizing Transgenders As Third Gender on DTC Bus Tickets

Live Law  

The Delhi High Court on Wednesday directed the Delhi Government to decide in four months a representation seeking recognition of transgender community as a third gender on the tickets of DTC buses and a provision for free travel for them.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation filed by …

Insisting On Transgender Person To Produce "Gender Re-Assignment Certificate" For Passport Prima Facie Violates Article 21: Delhi High Court
2 years, 8 months ago

Insisting On Transgender Person To Produce "Gender Re-Assignment Certificate" For Passport Prima Facie Violates Article 21: Delhi High Court

Live Law  

The Delhi High Court on Monday observed that the Passport Rues, insofar as they require a Transgender person to produce certificate of Gender Re-assignment Surgery, is prima facie in teeth of the Supreme Court's judgment in NALSA v. Union of India and is violative of Article 21 of the Constitution.A Bench led by Acting Chief Justice Vipin Sanghi observed,"You can't …

Specify Steps Taken For Welfare Of Transgenders, Implementation Of SC's NALSA Ruling: Kerala HC To State Legal Services Authority
3 years, 1 month ago

Specify Steps Taken For Welfare Of Transgenders, Implementation Of SC's NALSA Ruling: Kerala HC To State Legal Services Authority

Live Law  

The Kerala High Court last week directed the Member Secretary, Kerala State Legal Services Authority to submit details of the steps taken for the welfare of transgenders, as well as for the implementation of the decision of Supreme Court in National Legal Services Authority v. Union of India and others.The Bench of Chief Justice S. Manikumar and Justice Shaji P. …

Kerala High Court Allows Plea Seeking Correction Of Deceased Parent's Name On Passport
3 years, 4 months ago

Kerala High Court Allows Plea Seeking Correction Of Deceased Parent's Name On Passport

Live Law  

The Kerala High Court recently allowed a plea seeking a correction in the parent's name on the passport even after their demise, provided that documents were produced to the satisfaction of the Regional Passport Officer. Assailing the request of the petitioner, the Passport Officer had argued before Justice Bechu Kurian Thomas that there was no law under which a person …

Transgender Person Moves Delhi High Court Challenging Insistence On Sex Change Certificate For Re-Issuance Of Passport
3 years, 7 months ago

Transgender Person Moves Delhi High Court Challenging Insistence On Sex Change Certificate For Re-Issuance Of Passport

Live Law  

A Plea has been moved before the Delhi High Court challenging Passport Rules, 1980 to the extent that it makes it mandatory for a Transgender to obtain a sex change certificate so that one could be re-issued a passport recognizing one as a "Female". Brief facts of the matter in hand The petitioner, Lasya Kahli Singh self-declared her gender and …

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases
4 years, 3 months ago

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases

News 18  

New Delhi: A PIL has been filed in the Supreme Court for equal protection of law to people belonging to the third gender, alleging that there was no penal provision which protects them from offences of sexual assault. “In spite of declaring transgender people to be a ‘third gender’ by this court, there is no provision / section in the …

Why Transgender People Still Have to Go Through Hoops to Get Married or Inherit Property in India
4 years, 4 months ago

Why Transgender People Still Have to Go Through Hoops to Get Married or Inherit Property in India

News 18  

This is part three of a three-part series analysing the effects of the NALSA judgment on the inclusion of the transgender community. During the hearing, the State, whilst supporting the refusal to register the marriage argued that a “bride” under the Hindu Marriage Act, 1955 can only refer to a “woman on her wedding day”. The High Court reiterated that …

High Court issues notice to Centre on PIL over passport rules on sex reassignment surgery
5 years, 1 month ago

High Court issues notice to Centre on PIL over passport rules on sex reassignment surgery

India TV News  

A Chennai resident has moved the Madras High Court, seeking to declare passport rules which require submission of Sex Reassignment Surgery certificate for gender determination as "unconstitutional", saying they violate Article 21 of the Constitution that deals with personal liberty. He said the judgment had authoritatively held that any insistence for Sex Reassignment Surgery for declaring one's gender was 'immoral' …

Delhi HC To Hear A Plea Challenging CBSE And DU Rules That Restrict Change Of Gender On Education Records
5 years, 3 months ago

Delhi HC To Hear A Plea Challenging CBSE And DU Rules That Restrict Change Of Gender On Education Records

Live Law  

A transgender woman has moved a PIL before the Delhi High Court challenging rules of Department of Publication, Government of India, which mandatorily requires Sex Reassignment Surgery for changing the gender of a person on official records. In the present PIL, the Petitioner, who identifies as a hijra, seeks to challenge the Guidelines for Notification of Public Notice for Change …

India’s transgender community celebrates victory, but needs more
5 years, 7 months ago

India’s transgender community celebrates victory, but needs more

Al Jazeera  

Karnataka state recently ruled that education institutes must allow people to officially change name and gender. Kothari, who worked on the case that led to the landmark judgement decriminalising homosexuality in India in September 2018, argued for Jeeva in the Karnataka High Court and won the case. “The writ petition was filed just for Jeeva but the judge was actually …

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