Transgender woman living in Chicago appeals to Indian authorities for identity change in passport

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A transgender woman, presently residing in Chicago, moved Delhi High court seeking a direction for re-issuance of a passport in her new name identity. Her earlier passport was issued in the name of a male person. The Petitioner underwent a sex reassignment surgery in 2022. Now she is being prevented from traveling to India, according to her filing.

Justice Subramonium Prasad on Wednesday, August 23, 2023, heard the short submissions of counsels for the petitioner. They informed the court that there is some progress as there is information regarding the police verification.

After hearing the submission Justice Prasad said, “There are a number of such cases in which transgender people are facing problems in getting passports due to changes in appearance after surgery. The process should be streamlined.”

The bench also asked the Center’s counsel to take instructions on the issue.
The matter was listed for further hearing August 28.

According to a Sept. 5, 2023, report in Verdictum.in, the Court had in its order dated August 28, 2023, said, “This Court 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.”
The Court added, “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.” It went on to instruct the Central government to state what steps are being taken by them to facilitate the return of such persons, Verdictum.in reported.

During the Sept. 4 hearing, the Court was informed by Chaudhary’s lawyer Arundhati Katju that the Police verification from the Peititoner’s end is done. Katju said the Police accepted the documents which would then go to the Superintendent of Police for verification. The Court adjourned the matter and made the following order, “We request to expedite the process to ensure that the Petitioner is in a position to travel back.”

The petitioner Anahita Chaudhary moved a plea for revising her name etc., on Jan. 18, 2023.

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