Current Version
| Region | India |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Dec 5, 2019 |
| End Date | (none) |
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision. Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents. |
| Sources | https://www.indiacode.nic.in/handle/123456789/13091 |
| Federal Law | Yes |
Reports (1)
- Status is not correct "India actually doesn't require surgery to change your legal gender. To change one's gender on their Aadhar Card- that is, their national ID card, which then serves as the "mother document" for all other government documents in India (PAN card, passport, driver's license etc.), no proof of surgery or any document whatsoever is needed. It's completely self-ID. (See FAQ. 16 in the given link). This is in accordance with the NALSA judgement on transgender individuals.
https://uidai.gov.in/en/contact-support/have-any-question/297-english-uk/faqs/enrolment-update/aadhaar-updation.html"
Revision History (6)
edited by DaisyGeekyTrans. Marking as federal law.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision. Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents. | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision. Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents. |
Show Difference | ||
| Federal Law | No | Yes |
edited by sushilkumarprem. Added link to the official Act and updated the date.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Start Date | 2019 | Dec 5, 2019 |
| Sources | https://thewire.in/lgbtqia/transgender-rights-bill-a-stunted-understanding-of-gender-and-equality https://database.ilga.org/india-lgbti | https://www.indiacode.nic.in/handle/123456789/13091 |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Legal, but requires surgery |
| Start Date | Jan 10, 2020 | 2019 |
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required under the 2014 Supreme Court ruling. | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision. Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents. |
Show Difference | ||
| Sources | https://thewire.in/lgbtqia/transgender-rights-bill-a-stunted-understanding-of-gender-and-equality | https://thewire.in/lgbtqia/transgender-rights-bill-a-stunted-understanding-of-gender-and-equality https://database.ilga.org/india-lgbti |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals who have had sex reassignment surgery to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required under the 2014 Supreme Court ruling. | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required under the 2014 Supreme Court ruling. |
Show Difference | ||
Reports (1)
- Status is not correct "Apart from identifying as a third gender, To change from Male to female or female to male we are required to give surgery letters. I have tried to change my passport multiple times with the new laws and documents that support it but they have not agreed to give me F. They only give you T or X as gender marker in passport unless you have surgery."
| Old Value (Original) | New Value | |
|---|---|---|
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals who have had sex reassignment surgery to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required, under the 2014 Act. | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals who have had sex reassignment surgery to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required under the 2014 Supreme Court ruling. |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | Jan 10, 2020 |
| End Date | (none) |
| Description | The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals who have had sex reassignment surgery to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required, under the 2014 Act. |
| Sources | https://thewire.in/lgbtqia/transgender-rights-bill-a-stunted-understanding-of-gender-and-equality |