'Expedite Verification Process', Rules Delhi HC on Transgender's Plea Seeking Re-issuance of Passport

The Delhi High Court on Monday directed that the process of police verification be carried out promptly in case of a transgender person, who had sought direction to have her passport reissued with her updated particulars, including her new name and gender.

The court had earlier noted the challenges faced by transgender individuals who choose to undergo sex reassignment surgery and then encounter difficulties in obtaining a fresh passport due to the change in their appearance.

“I don’t want to let go of this matter till some streamlining is done for many others who probably can’t approach the courts if they need to,” Justice Subramonium Prasad said on Monday, adding that the respondents are requested to expedite the process to ensure the petitioner is in a position to travel.

The counsel for the Centre informed the court that police verification is pending in the present case.

The court has posted the matter for next hearing on September 18.

Earlier too, the court had observed that similar problems are affecting others as well, as it expressed the need for a streamlined process to address these concerns.

The petitioner, who transitioned from male to female between 2016 and 2022 after relocating to the US, had submitted an application to the Indian authorities in January 2023 for a revised passport reflecting her updated details. However, the application has been pending for over six months.

The Ministry of External Affairs and the Consulate General of India in Chicago had informed the court that the application had been processed but was pending police verification.

The petitioner's lawyer argued that the failure to re-issue the revised passport has caused significant harm to her, as she is currently in the US and is unable to travel elsewhere. Her right to self-identification, protected under the Indian Constitution, has been compromised by the mismatch between her passport details and her current identity.

The plea said that having a revised passport is essential for maintaining dignity and identity, especially during travel and encounters with authorities. The inability to secure the updated passport was described as an assault on her dignity and personhood.