'Need Time To Develop Passport Policy Addressing Sex-Change Abroad,' Says MEA To Delhi High Court

The Ministry of External Affairs (MEA) informed the Delhi High Court that more time is required to examine the suggestion to a policy that enables individuals who undergo sex change surgery abroad to get fresh passports without difficulties.

The Bureau of Immigration (BOI) of the Ministry of Home Affairs (MHA) informed the court that it has suggested to the MEA to formulate a policy that permits people who undergo operations for sex change to get a fresh passport in their new identity. However, MEA sought more time in this matter as it is to creating a new policy. MEA informed the court that the matter should be examined with different stakeholders and its technical feasibility should be considered before developing such a policy. The Ministry of Home Affairs said that the identity of such Indian citizens can be verified with the help of biometric records that are already available with the authorities.

MHA also informed the Delhi High Court that if a citizen undergoes a sex change operation outside India and if there are changes in name, sex, and appearance of that citizen, then such people are eligible to apply for re-issuance of their passport via the concerned Indian Mission or Post abroad. Such citizens will receive the passport upon submitting prescribed documents and receipt of a clear police report.

This development came on a petition filed by a transgender woman. The petitioner was seeking direction from the authorities for the re-issuance of a passport, as her appearance changed after undergoing an operation for sex change in the US. The petitioner reportedly submitted an application to the Indian authorities on January 18, 2023, for a re-issue of her passport. The passport was later issued; however, the court directed the central government to formulate a policy in this matter. Notably, the Delhi High Court has listed this matter on December 19 for further hearing.