W.P.(C) 11173/2023 & CM APPL. 43433/2023
Case title: ANAHITA CHAUDHARY v. UNION OF INDIA & ANR.
CORAM: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD
Appearance:
Petitioner: Ms. Arundhati Katju, Mr. Govind Manoharan, Ms. Shristi Borthakur, Ms. Ritika, Ms. Samiksha Godiyal, and Mr. Nishchaiy Sharma
Respondent: Mr. Farman Ali, SPC with Ms. Usha Jamnal and Mr. Krishan Kumar
Order dated: 07.11.2023
Introduction
The High Court of Delhi has stated by the Ministry of external affairs that a decent amount of time is required to examine the suggestion for developing the new policy for issuing a new passport for citizens who undergo sex change-related medical procedures abroad in dept so that their identites as the biometrics do not change after such kind of surgeries.
Facts of the case
The Petitioner has approached this Court re-issuance of a passport. Even though the passport has been issued and the matter has become infructuous, this Court had directed the learned Counsel for the Respondent to evolve a policy by which persons who undergo operations for change of sex outside the country are able to get a fresh passport in their new identity without facing difficulties.
The court was enlightened that a fresh passport may be issued to such a person upon furnishing prescribed documents and receipt of a clear police report,
The submissions were made in a letter of the MEA in a petition moved by a transgender woman, Anahita Chaudhary, seeking the re-issuance of a passport.
Analysis of the court
Even though the passport had been issued to Chaudhary and the matter had become infructuous, the court had directed the Union Government to evolve a policy by which persons who undergo operations for sex change outside the country can get a fresh passport in their new identity without facing difficulties.
The aforesaid matter is listed on 19.12.2023, to await further progress in the matter.
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Written by
Kaulav Roy Chowdhury
