Sex-reassignment surgery not needed for binary gender change in Indian passport: Madras High Court
On April 29, 2024, Justices Sanjay V. Gangapurwala and J. Sathya Narayana Prasad of the Madras High Court heard the case of Sivakumar TD vs. Union of India (WP 31705, and WMP 31899 and 31900 of 2019). The Standing Counsel for the Respondent, Mr. V. Chandrasekaran, submitted that sex-reassignment surgery was not required for binary change of gender in the Indian passport (i.e. male to female, or female to male).
However, the prevailing understanding across regional passport authorities is that the non-requirement of surgery is only applicable to the non-binary gender marker ‘T”. This practice, dating back to the 2020 COMPENDIUM OF INSTRUCTIONS/ GUIDELINES RELATING TO ISSUE OF PASSPORTS IN INDIA/ABROAD persists despite an Office Memo to the contrary (dated 2022). The current Madras High Court order brings this memo to public attention and clarifies that the non-requirement of surgery certificate covers both T and binary (M/F) gender marker change.
It must be noted that the Transgender Rules (2020) have an expansive definition of medical intervention. As per the Rules, binary gender change is possible with a letter of medical intervention that could be provided after counseling, hormone therapy or surgery.
Further, earlier this month, the Honourable Madras High Court had also ruled that surgery proof would no longer be required for changing gender markers in the Tamil Nadu Gazette published by the Department of Stationary and Publications.
We at Orinam welcome this development, and urge relevant ministries (External Affairs, Social Justice and Empowerment, Health and Family Welfare) to disseminate this decision by MEA widely.
Sincere thanks are due to Mx. Sivakumar (Nirangal Charitable Trust) for filing, and Advocate Poongkhulali B. for arguing this WP. The petition may be downloaded here.
