Updated: 10-07-2025 at 2:24 PM
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Despite progressive legislation like the Transgender Persons (Protection of Rights) Act, 2019, transgender identity recognition in India remains varied in practice. Although courts have affirmed the legal legitimacy of identity certificates granted to transgender people, bureaucratic bodies are lagging in the implementation of the law. This article will consider the legal journey, judicial activism, and its influence in the everyday lives of transgender citizens, specifically in the areas of getting PAN cards and passports.
India has made noteworthy advancements in legally recognising transgender identity, largely due to purposeful judicial activism. These significant and noteworthy legal developments secure the legal honouring of identity certificates issued under Sections 6 and 7 of the Transgender Persons Act; however, there are still gaps and challenges regarding the implementation of the legal instruments.
The Calcutta High Court in June 2025 issued an order to the passport authority to accept a transgender identity card issued under Section 6 of the Act for applying for a passport. In this case, the applicant, Anuprabha Das Majumder, had her passport application rejected in the past because her gender identity had created a mismatch.
Justice Amrita Sinha ruled on the matter and described the actions of the passport authority as arbitrary and against the intent of the development of law. A ruling like this, firming the enforceability of identity certificates, is a significant decision that sends a clear message to an administrative body that is perceived as not accepting changes that are mandated by law.
Also Read: What Is The National Portal For Transgender Persons?
Before a transgender person their access to services and/or government documents (i.e., identity certificate, PAN card, passport), the identity certificate acts as a legal precursor. The value and significance of the certificate are derived from providing legal proof of a user's affirmed gender identity and supporting the representation of the user's affirmed gender identity in the institutions and official documents where they are recorded.
Section 6 of the Act permits transgender persons to self-identify and to receive an ID certificate from the District Magistrate. Section 7 of the Act effectively facilitates a revised certificate for those who are medically transitioned. These certificates provide legal proof and should be respected by all government and legal institutions.
Having a true sense of the development of transgender rights in India cannot be achieved without an understanding of the significant judicial cases. The basis of legal recognition began in these landmark cases, which ultimately shaped the policy debate and mandated changes in all rates of the government.
The table below shows the significance of judgments, and links that secured greater recognition and protection for transgender persons, all the way into application in India – these decisions served as the legal framework by which future reform can be established.
Case | Key Outcome |
---|---|
NALSA v. Union of India (2014) | Recognised "third gender" status and right to self-identification; directed governments to treat trans persons equally under the Constitution |
Chanchal Bhattacharyya v. State of WB (2016) | Ordered the update of documents across departments post-gender transition |
Arun Kumar v. Registrar, Tamil Nadu (2019) | Recognised the legal status of a transgender woman as a bride under the Hindu Marriage Act |
Vyjayanti Mogli v. Telangana (2023) | Directed the removal of outdated laws on eunuchs and suggested reservations and welfare measures for trans persons |
Also Read: SMILE Scheme for Empowering Transgenders And Beggars For A Brighter Future
Although the judiciary is affirming support, transgender people still face impediments resulting from institutions having structural barriers in place. Some government departments and agencies that contact or may need to contact transgender people for reasons of services received have not yet become cognizant, or trained, to work with identity certificates issued under the Transgender Persons Act.
For example, many Passport Offices are still asking for further medical documentation or rejecting applications on the grounds of "discrepancy". Similarly, PAN workings with Aadhaar linking do not go through for many trans people, as their identity documentation has a different reported gender. These issues remove access or access conditions for basic financial services and welfare schemes.
To help address the gap between law and practice, and the necessary reforms that would not only protect the rights of Transgender citizens but also simplify and improve processes for government in many areas, the following actions should be taken urgently:
To amend PAN and passport processes to specifically mention identity certificates for sections 6/7.
To provide sensitisation workshops for staff in passport offices, tax and banks;
To include transgender identity in the national e-governance platforms for fully online service access.
Launch outreach campaigns and simplify online application processes to increase community participation.
India has made considerable progress in the recognition of transgender rights through both judicial actions and policy reform. However, ongoing resistance to the legal change and lack of clarity about identity certificates continue to hinder real progress. Policy clarity, training, and electronic processing could help facilitate the official use of identity certificates as a recognised legal instrument rather than a novelty developed for symbolic purposes.
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