Transgender Person Moves Delhi High Court Challenging Insistence On Sex Change Certificate For Re-Issuance Of Passport
Live LawA 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 name in an Affidavit dated 02nd December 2019, i.e., prior to the commencement of the Transgender Persons Act i.e. Similarly, the Petitioner applied for the change in name and gender in her passport, however, she was told that she was required to have a sex change certificate in hand by a surgeon in order to get her Passport re-issued as Female Rules, 2020 and the judgment by the Supreme Court of India in NALSA v. Union of India & Ors. 5 SCC 438 The plea also avers: "Asking the Petitioner for any documents regarding her gender reassignment surgery would be in violation of the Transgender Persons Rules, 2020 and the Transgender Persons Act, 2019" Hearing the matter on Friday, the Delhi High Court sought the response of the Central government and thus, a notice was issued to the Central government by the Bench of Chief Justice D. N. Patel and Justice Jyoti Singh.