Insisting On Transgender Person To Produce "Gender Re-Assignment Certificate" For Passport Prima Facie Violates Article 21: Delhi High Court
Live LawThe 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 insist on somebody to. 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 insist on somebody to undergo sex-change operation for that purpose. The remarks were made while hearing a public interest litigation, challenging Passport Rules, 1980 to the extent that it makes it mandatory for a Transgender to obtain a gender re-assignment certificate so that one could be re-issued a passport recognizing one as a "Male" or a "Female".