• Nalsa petition 2014

Respected Sir,
I'm unable to get my passport updated with gender as passport seva kendra is not agreeing to my application. I have the sworn affidavit ,updated Aadhar and surgery certificate from private hospital. But psk people are creating issue by asking to get certification from govt doctor. When I told them no govt doctor is ready to certify the work of another doctor they simply sent me back saying you need to convince them or write to cdmo. Could you please let me know if you can help/advice me on this regards?
Asked 4 years ago in Constitutional Law

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18 Answers

hello,

File an RTI to inquire about the status of the application.

also visit the govt doctor and ask them to certify, if they refuse to do so then ask them to give in writing.

if nothing works out then file a writ of mandamus under article 226 of the constitution of India before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See you can ask Chief medical officer in the area to appoint or direct doctor in the area to carry out test and give a certificate if he doesn't make arrangements it will be better to file writ before high court seeking direction for passport authority alternatively for govt. Hospital to give such certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A two-judge bench of the Supreme Court of India, after hearing the petition filed by the National Legal Services Authority, passed a historic judgement on Transgender Rights on April 15, 2014.

“Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan told the Supreme Court while handing down the ruling.

It was fitting that Supreme Court verdict of India chose April 15 specifically to rule favourably in the National Legal Services Authority v. Union of India [Writ Petition (Civil) No. 400 of 2012]. It was on April 15, 2008, that the Aravani (Transgender) Welfare Board was constituted by the Tamil Nadu state government, as the first of its kind in the country. Trans* and queer communities in the state celebrate April 15 as Transgender Day. Many welfare measures enacted by the TN Transgender Welfare Board have been taken up as country-wide recommendations by the Report of the Expert Committee of the national Ministry for Social Justice and Empowerment. Per Justice Sikri, these recommendations are to be implemented in six months (i.e. by October 15, 2014) after re-examining them in light of the legal declaration made in the judgement.

The judgement and summaries

Private member’s bill passed in Rajya Sabha

Government seeks clarification from Supreme Court: Sept 11, 2014

Legal analysis of the judgement

Background material

Coverage in print media

Coverage in visual media

Cake

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

A representation must have been given to the psk. If they have rejected the same,then file a writ petition before the high court. The high court will give directions to appropriate authorities to dispose your case at the earliest.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You have to ask expert opinion in this regard by producing all the said related documents to the expert Government appointed doctor and they will give their expert opinion along with medical certificate. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. Certification from govt doctor is not required.

2. The surgery certificate is sufficient to get the gender incorporated in the passport. The only remedy for you is to file a writ petition in the High Court to seek binding directions to the Regional Passport Office to issue the passport to you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You have Two options. Either obtain a certificate from government doctor by using your medical records or file a writ petition before the High Court to seek directions to the Regional Passport Office to issue the passport to you.

If you approach the Government doctor or medical board , they will issue certificate after examination and perusal of medical records in your hand

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. This is the sorry state of affairs in the government department .

2. Anyway since the passport authority is not ready to reply upon report of private doctor they can send you to public doctor of their choice to verify it but they can not simply leave to lurch.

3. So send them a written legal representation for processing your passport. If they do not then file a writ of mandamus in the high court.

4. only the intervention of court can save you from this situation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File writ petition in HC ti direct passport office to change gender in your passport

2) rely upon Aadhar card and doctor certificate of surgery done by you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Write a letter to the head of the concerned authority if it goes into vain file a writ petition.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

I guess your case is appropriate to file a writ petition in the HC. The same will be filed in the place where the PSK lies. Get in touch with a lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In said judgment SC has held TG also includes persons who intend to undergo Sex ReAssignment Surgery (SRS) or have undergone SRS to align their biological sex with their gender identity in order to become male or female. They are generally called transsexual persons. Further, there are persons who like to cross-dress in clothing of opposite gender, i.e transvestites. Resultantly, the term "transgender", in contemporary usage, has become an umbrella term that is used to describe a wide range of identities and experiences, including but not limited to pre-operative, post-operative and non-operative transsexual people, who strongly identify with the gender opposite to their biological sex; male and female"

2)SC has held that a person has a constitutional right to get the recognition as male or female after SRS, which was not only his/her gender characteristic but has become his/her physical form as well"

3) file writ petition in HC to direct RPO to issue you passport with changed gender as desired by you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

hello,

filing a writ petition would be a good option otherwise you would be entangled in bureaucratic delays. the HC would order that the matter is decided expeditiously.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

I find that filing of writ petition alone can give you desired result. You are not the first person who is facing this hurdle and in most case only due to proactive approach of the court to keep pace with the passage of time and progression of societal change the court comes out out as saviour.

Feel free to contact if you need assistance in the writ petition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

NOTE: In April 2014, the Supreme Court of India declared that surgery, hormones and other steps are not necessary for legal recognition of gender change. Self-identification and (at most) psychological assessment will suffice. Please bear with us as we compile updated information for this sections. From the experiences of people known to us, the process is as follows:

– Get a gender change affidavit (male to female, male to transgender, female to male, or female to transgender: all these possibilities are recognized) completed and notarized by a magistrate.

– Place two newspaper ads, and then place a government gazette notification.

– Use these documents to petition for change of gender in other identity documents.

Please write to http://orinam.net/contact/ if you have further questions, would like a template of the gender change affidavit, or have experienced challenges in the process.

WHERE NALSA DOES NOT WORK: Despite the NALSA ruling, the Ministry of External Affairs still requires medical verification in order to change gender markers on a previously existing passport. Steps for changing these in the passport are, thus, mostly similar to those listed in the ‘pre-NALSA’ situation. The exception is for those who apply for a passport for the first time, seeking third-gender designation on their passport. In such a situation, a self-declaration as third-gender will suffice.

UPDATE 2017: It appears from experiences of our trans* readers that passport officials insist that the medical verification be from a government doctor such as a civil surgeon. In one instance that we are aware of, a transman was able to have the doctor declare him as phenotypically a man based on top surgery alone. We have also heard of one situation where a passport office declined based on the fact that the applicant had not had a phalloplasty or metoidioplasty performed. The only one case we found online where a person – a transwoman – reported getting the gender changed on the passport pre-surgery is Safiya’s testimony here.

We are seeking to record experiences of those transgender people who have applied for change in documentation after the NALSA verdict of April 2014. Please write to http://orinam.net/contact/

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Your case is very exceptional. So move the high court for getting easy remedy .If there is a court order then all the channels will open easily other wise they will face contempt of court.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

You first apply for passport and get their refusal or rejection with reasons in writing after that you can plan to initiate proper legal action on this.

The legal action is this regard shall be to file a writ petition against the authorities for their refusal to issue passport to you based ion the gender discrimination.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

if filing writ petition in HC, would be correct? Also would request you to please let me know if any lawyer can assist me with my case!

Nobody will become alright despite various laws being enacted to prevent discrimination based on the gender.

There are latest passport rules to have lenient view on such issues, whereas who cares.

It is better you file a writ petition based on the oral rejection for issuance of passport by the authorities.

The court's order will fetch you the desired relief.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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