A trans woman from Calcutta has approached the Calcutta High Court after her application for a passport was not processed, despite her submitting all the required documents, including her transgender identity card. The case has brought to light the ongoing challenges faced by transgender individuals in India when it comes to official documentation and recognition of their gender identity by government authorities.
The Case in Court
Anuprabha Das Majumder, a resident of Kolkata, applied for a passport in 2023 after receiving her transgender identity card. Her lawyer informed the court that she had provided all the necessary documents as requested by the passport authorities, including the identity card that officially recognises her as a transgender person under Indian law. However, the passport was not issued. The authorities claimed that they had not been notified about the existence or validity of the transgender identity card, leading to a delay and confusion in processing her application.
During the hearing, the counsel for the passport office argued that, according to their records, Anuprabha had not applied for a passport. However, her lawyer submitted a supplementary affidavit showing that she had indeed applied. Justice Amrita Sinha of the Calcutta High Court expressed surprise at the lack of awareness among the authorities regarding the application and directed the passport office to clarify the status of the application by 18 June 2025.
Legal and Social Background
The issue of passport denial to transgender persons is not new in India. In 2014, the Supreme Court of India, in the landmark NALSA judgment, recognised the right of transgender persons to self-identify their gender as male, female, or third gender. The judgment directed all government authorities to respect this right and to update official documents accordingly. Despite this, many transgender individuals continue to face hurdles at various government offices, including passport offices, where officials sometimes insist on medical or surgical proof of gender change, even though the law does not require it.
In the present case, Anuprabha had all her documents in order, including her transgender identity card, which is issued under the Transgender Persons (Protection of Rights) Act, 2019. This Act allows transgender persons to self-identify their gender and obtain official recognition without the need for surgery or medical intervention.
The Broader Picture
The Ministry of External Affairs has recently updated its guidelines to make it easier for transgender persons to update their gender on passports, especially for those who have undergone gender affirmation surgery abroad. However, the process for those who have not undergone surgery, or who have transitioned within India, still faces practical challenges at the ground level, as seen in Anuprabha’s case.
Activists and legal experts have pointed out that such denials are in contempt of the Supreme Court’s directions and reflect a lack of awareness and sensitivity among officials. They argue that the right to a passport is a fundamental right, and no one should be denied this right because of their gender identity.
What Happens Next
The Calcutta High Court has asked the passport authorities to provide a clear update on Anuprabha’s application. The outcome of this case is likely to set an important precedent for the rights of transgender persons in India, especially regarding access to official documents and recognition by government agencies.
