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

Transgender citizens undergoing gender affirmation surgery abroad can re-enter India by submitting specific documents for passport gender change.

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. These citizens can subsequently apply for a renewed passport with updated details, it said.

The Ministry of External Affairs has laid down the specific documents required for the change of gender in passports, from transgender to either male or female, the Centre told the 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. While the petitioner, represented by advocate Govind Manoharan, managed to get a passport with the changed name, gender marker, and appearance during the course of the proceedings, the court asked the Centre what steps it was taking to facilitate the return of other such persons to India.

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.

In response, the Centre outlined the specific documents required for the change of gender in an Indian passport. It said the person needs to submit a “Certificate of Identity for change of gender (form-4), along with identity card (form-6), issued under the Transgender Person (Protection of Rights) Act, 2019 read with Transgender Person (Protection of Rights) 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.”