Need Time To Develop Policy For Fresh Passports To Individuals Undergoing Sex Change Abroad: MEA To Delhi High Court

The Ministry of External Affairs has told the Delhi High Court that it needs time to thoroughly examine the suggestion of developing a new policy on issuance of new passport to those who undergo medical procedures for sex change abroad in order to verify their identities as the biometrics do not change after such surgeries.

The court has been informed that the Bureau of Immigration (BOI) of Ministry of Home Affairs has suggested to MEA that since the biometrics of individuals are not liable to change after undergoing such medical procedures for sex change, a policy may be developed by MEA to verify their identity before issuance of fresh passports.

“However, since the suggestion pertains to developing a new mechanism/policy, this Ministry needs time to thoroughly examine the same with different stake holders including technical feasibility,” the MEA has said.

The court is also informed that MHA is in agreement with the comments presented by MEA that if a person travels abroad for undergoing an operation for sex change and due to that there is change in name, sex and appearance and the details in the old passport does not match with the new changes, then such person may apply for the re-issuance of passport at concerned Indian Mission or Post abroad as per the prescribed procedure.

“And that afresh passport may be issued to such person upon furnishing prescribed documents and receipt of clear police report,” the court was informed.

The submissions were made in a letter of the MEA in a petition moved by a transgender woman, Anahita Chaudhary, seeking re-issuance of a passport.

Chaudhary sought a direction to the authorities to re-issue her passport with revised particulars, including new name and gender, since her appearance had changed after undergoing sex reassignment surgery.

Even though the passport had been issued to Chaudhary and the matter had become infructuous, the court had directed the Union Government to evolve a policy by which persons who undergo operations for sex change outside the country are able to get a fresh passport in their new identity without facing difficulties.

The court listed the matter for further hearing on December 19 to await further progress.

Counsel for Petitioner: Ms. Arundhati Katju, Mr. Govind Manoharan, Ms. Shristi Borthakur, Ms. Ritika, Ms. Samiksha Godiyal and Mr. Nishchaiy Sharma, Advocates

Counsel for Respondents: Mr. Farman Ali, SPC with Ms. Usha Jamnal and Mr. Krishan Kumar, Advocates

Title: ANAHITA CHAUDHARY v. UNION OF INDIA & ANR.

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