Entry #1237: Right to change legal gender in India

Current Version

RegionIndia
IssueRight to change legal gender
StatusIllegal
Start DateApr 15, 2014
End DateJan 9, 2020
DescriptionThe Supreme Court of India recognized a third gender that individuals, including transgender persons can choose to identify themselves in official documents without surgery. This ruling does not however allow people to change their gender to male or female.
Sourceshttp://www.theguardian.com/world/2014/apr/15/india-recognises-transgender-people-third-gender
Reports (2)
  • Date is incorrect "The ruling is valid. It hasn't been overturn. Transgender Persons (Protection of Rights) Act, 2019 provided statutory backing for the ruling. "
  • Status is not correct "The ruling does not provide statutory means to change gender marker, somewhere able to change through court orders. For instance, the following case is an example. The wikipedia page links to the Court order as well as legal criticism that the court order is flawed in light of the Supreme Court case of National Legal Services Authority v. Union of India (2014) [which is the case referred here]. https://en.wikipedia.org/wiki/Chanchal_Bhattacharya_v._State_of_West_Bengal"


Revision History (5)

Revision by 4anahiv. Clarifying

Old Value New Value (Current)
ValueLegal, no restrictionsIllegal

Revision by beeurd

Old Value New Value
End Date(NONE)Jan 9, 2020
NoteThe Supreme Court of india recognized a third gender that transgender persons can choose to identify themselves in official documents. However, this third gender is very different from what we normally think of a gender-queer individualThe Supreme Court of India recognized a third gender that individuals, including transgender persons can choose to identify themselves in official documents without surgery. This ruling does not however allow people to change their gender to male or female.
Show Difference
The Supreme Court of india recognized a third gender that transgender persons can choose to identify themselves in official documents. However, this third gender is very different from what we normally think of a gender-queer individual India recognized a third gender that individuals, including transgender persons can choose to identify themselves in official documents without surgery. This ruling does not however allow people to change their gender to male or female.

Revision by chae

Old Value New Value
ValueLegal, but requires surgeryLegal, no restrictions
Reports (1)
  • Other "If the individual can only be recognized as a third gender, but not as the gender they are, it is still some sort of discrimination "

Revision by vviet93

Old Value New Value
NoteThe Supreme Court of india recognized a third gender that transgendered persons can choose to identify themselves in official documents.The Supreme Court of india recognized a third gender that transgender persons can choose to identify themselves in official documents. However, this third gender is very different from what we normally think of a gender-queer individual
Show Difference
The Supreme Court of india recognized a third gender that transgendered persons can choose to identify themselves in official documents. transgender persons can choose to identify themselves in official documents. However, this third gender is very different from what we normally think of a gender-queer individual
Reports (15)
  • Newer law has been passed "according to 2020 guidelines available on national portal transgender persons, no surgery is required for legal change of gender : https://transgender.dosje.gov.in/Applicant/Registration/Guidelines"
  • Newer law has been passed "according to 2020 guidelines, surgery is not required : https://transgender.dosje.gov.in/docs/TG%20RULES,%202020.pdf (https://transgender.dosje.gov.in/Applicant/Registration/Guidelines)"
  • Status is not correct "Gender Status Can be legally chanfed even without surgery "
  • Status is not correct "this is the current status"
  • Status is not correct
  • Status is not correct
  • Status is not correct "It is legal in all cases and a third gender is recognized"
  • Status is not correct "Surgery is not required according to Supreme court. You can check the 2014 judgement for that."
  • Status is not correct "Is not necessary to change gender"
  • Newer law has been passed "sex changes legal, surgery not required. "
  • Status is not correct "As per the Supreme Court verdict of 2014 in the case of National Legal Services Authority vs. Union of India and others (NALSA verdict for short), it is illegal and immoral to insist on surgery, endocrine therapy or any other medical intervention for legal change of gender. In practice, however, it has been easier for trans people who identify outside the binary (I.e.) as third gender, to change via an affidavit, and more difficult for those who identify within the binary."
  • Status is not correct "Surgery is not required after 2014 supreme court judgement."
  • Status is not correct "surgery not required"
  • Status is not correct "No gender re-assignment surgery is necessary. http://orinam.net/content/wp-content/uploads/2014/04/nalsa_summary_danish.pdf"
  • Status is not correct "The Supreme Court of India, in 2014, through the landmark judgment of NALSA vs Union of India had recognized the third gender while emphasizing that a Sex Reassignment surgery is not a mandate and insistence on the surgery for changing gender in identity documents will be considered illegal. "

Revision by vviet93

Old Value (Original) New Value
ValueLegal, no restrictionsLegal, but requires surgery
NoteThe Supreme Court of india recognized a third gender that transgendered person can choose to identify themselves in official documents.The Supreme Court of india recognized a third gender that transgendered persons can choose to identify themselves in official documents.
Show Difference
The Supreme Court of india recognized a third gender that transgendered person can choose to identify themselves in official documents. persons can choose to identify themselves in official documents.
Reports (1)
  • Status is not correct "Recognize third gender but not from male/female to female/male"

vviet93 created this entry.