Current Version
| Region | India |
| Issue | Right to change legal gender |
| Status | Illegal |
| Start Date | Apr 15, 2014 |
| End Date | Jan 9, 2020 |
| Description | The 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. |
| Sources | http://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) | |
|---|---|---|
| Value | Legal, surgery not required | Illegal |
Revision by beeurd
| Old Value | New Value | |
|---|---|---|
| End Date | (NONE) | Jan 9, 2020 |
| Note | 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 | The 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 | ||
Revision by chae
| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, surgery not required |
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 | |
|---|---|---|
| Note | The 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 | ||
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 | |
|---|---|---|
| Value | Legal, surgery not required | Legal, but requires surgery |
| Note | The 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 | ||
Reports (1)
- Status is not correct "Recognize third gender but not from male/female to female/male"