Introduction:
India has recognised third gender as legal. The public notification in the Gazette of India is an effective method for legal gender change in India. However, the Government of India has enacted legislation, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020, for self-gender recognition.
Public Notification for Legal Gender Change:
The Department of Publication is the nodal agency for the rules and guidelines for issuing a public notice in the Gazette of India. The department has notified guidelines for changing name and gender through public notice in the Gazette of India.
Documents Required for Legal Gender Change:
The preparation of an affidavit on non-judicial stamp paper declaring the gender change is the initial step. The Affidavit must be in the format as prescribed in the guidelines. The government of India has also introduced many welfare schemes for transgenders. Subsequent required documents in the guidelines for application of Gazette notification for changing name and gender are:
1. One recent advertisement only in the Daily Local National Newspaper.
2. Two original typed copies on A4 sheets of Public Notice for change of name/gender. This includes the applicant’s old name, your old name signature and details of two Witnesses.
3. One CD containing the prescribed proforma for Public Notice for Change of name and sex in MS Word format. This does not include the signature (instead, type the applicant’s old name in place), witnesses’ details, scanned matter, application or affidavit.
4. One CD certificate declaring that the content of the hard copies and soft copy are similar and the applicant will be responsible for any mismatch. It should be in typed format on an A4 sheet and signed by the applicant with the old name.
5. Two recent self-attested passport-size photographs of the applicant
6. One self-attested photocopy of photo ID proof for old name, gender and address. Applicant’s date of birth, Aadhaar Card, Voter Card, or Passport is valid as photo ID proof.
7. One self-attested photocopy of ID proof of each witness for name and address, either Aadhaar Card, Voter Card or Passport
8. Request letter addressed to the Controller of Publication, Department of Publication, with the applicant’s telephone number and e-mail.
The department will review the application and approve it for notification in the Gazette. The applicant can download the published notification from the official website and receive a copy through email. The Department does not provide physical certificates. Thereafter, the applicant can change gender in Aadhaar Card, PAN Card, educational certificate and other documents.
Certificate of Identity:
Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019 provide certificate of identity. The certificate of identity is proof of changed identity. The District Magistrate or the National Portal for Transgender Persons issues a Certificate of Identity according to the procedure mentioned in Rules 3-7 of Transgender Persons (Protection of Rights) Rules, 2020. Form-1 and Form-2 are the prescribed formats for the application and the affidavit for application for a Certificate of Identity. After due procedure of verification, the Certificate of Identity will be issued. Based on the Certificate of Identity, the applicant can change their gender in the official documents listed in Annexure 1 of the Rules, 2020.
Conclusion:
The procedure for changing legal gender is a series of steps. It is followed by changing gender details in official documents separately. This includes changes to sex details in Aadhaar Card, PAN Card, Bank Accounts, education certificates and other essential documents. The legal gender change mechanism has empowered a section of society to determine their gender and recognise it in documents.
