In landmark order, Calcutta HC says transgender ID can be submitted while applying for passport; ‘big victory' says petitioner
Following an order by the Calcutta High Court after a battle lasting over a year, Anuprabha Das Majumdar, a transgender woman, can now apply for a passport with her transgender identity card.
Directing the passport authority to consider the transgender identity card of Majumdar, Justice Amrita Sinha said on Wednesday, 'Transgender identity card of the petitioner shall be taken into consideration at the time of consideration of petitioner's passport application.'
The ruling came after Majumdar filed a writ petition after the passport office denied her application for a passport even though she had a transgender identity card. Majumdar had applied for a passport in 2023 after getting her transgender identity card in February 2022.
The Calcutta High Court's ruling effectively mandates the Regional Passport Office to recognise the transgender identity card as a valid document when processing Majumdar's fresh application, marking a significant acknowledgment of transgender individuals' rights under the 2019 Act.
Speaking to The Indian Express, Majumdar's counsel Suman Ganguly said, 'As per my knowledge, this is a first case regarding the issuance of a passport on the basis of a transgender identity card. So this particular judgment will act as a precedent for the community in the future. They are being deprived of a lot of basic rights. The fight will go on, but this judgment will open a lot of doors.'
Speaking to The Indian Express, Majumdar said, 'I had also faced the same issue while trying to obtain an Aadhaar card. They did not accept the transgender card but I contacted the authority under the Transgender Persons (Protection of Rights) Act 2019. After discussions, they (Aadhaar authority) took some time but they changed it.'
'Slowly, I changed everything, from my Aadhaar card to voter's card to PAN card. The passport authority said it is a major change so I have to go through the old process of gazette notification and all. They said they have not received any notification regarding the transgender ID card. We tried to contact the regional officer, sent emails, notices, etc. As a transgender person we only have this as the proof. After not getting a positive response, we moved the high court,' Majumdar added.
The Transgender Persons (Protection of Rights) Act 2019, enacted by the Indian government in December 2019 and with rules notified in September 2020, is a landmark legislation aimed at protecting transgender individuals' rights. It mandates equal treatment in areas such as education, employment, and access to public services, including the right to self-perceived gender identity. The Act also requires authorities to issue transgender identity cards, which serve as official recognition of an individual's gender identity.
However, as Majumdar's case illustrates, implementation at the ground level has been inconsistent, often leaving transgender individuals struggling to access basic rights.
During the hearings, Justice Sinha had expressed surprise at the passport authority for not knowing whether Majumdar had applied for a passport in 2023. 'The application was made in 2023. How can your authority say that she has not applied? That means they did not check it properly. How could the authority not have the knowledge of the application being made? These are online applications; they must be knowing it,' Justice Sinha had observed.
Majumdar's counsel had also submitted a supplementary affidavit stating that she had applied for a passport, thus the counsel for the passport department sought time to take instructions. On Wednesday, the counsel for the passport office informed the court that the application had elapsed and if she reapplied, it will be considered. The transgender certificate and ID card are nationally recognised and provided by the Ministry of Social Justice and Empowerment.
Following this, the court ordered Majumdar to reapply for the passport.
Majumdar told The Indian Expess, 'I am feeling very positive after the judgment. What all happened two years ago was very disturbing. As an Indian citizen, these are basic documents. This is a big victory for all transgender people. We face hurdles because of low awareness in society, but this is a law and any form of discrimination is a crime.' She said the fight will go on so that future generations do not have to face such hurdles.
She has been invited for a senimar in the UK in July by an organisation that works for the legal rights of women. 'I will be applying for my passport via Tatkal once again and then a visa so that I can go for the seminar,' Majumdar said.
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