Sunday, September 19, 2021
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe
Want create site? Find Free WordPress Themes and plugins.

Delhi High Court seeks Centre’s response on transgender woman plea for new passport with changed name, gender

Filed through Advocates Siddharth Seem and Oindrila Sen, the petition is by a transgender woman, who has to undergo gender reassignment surgeries at Bangkok in furtherance of hormone replacement therapy.

Want create site? Find Free WordPress Themes and plugins.

The Delhi High Court on Tuesday sought the Centre’s response along with those of other authorities in a plea by a transgender woman seeking issuance of a fresh passport with the changed name and gender.

The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh granted further time to the respondents to file their replies in a plea filed by a transgender woman seeking issuance of a new passport with the required changes in name and gender of the petitioner, without insisting on the production of a certification from the hospital which declares the petitioner to be a “woman” and/ or the insistence of a Sex Reassignment Surgery Certificate.

The matter has been adjourned till September 6. The Bench, on the last date, issued notice upon the respondents; however, no response has been filed yet.

Filed through Advocates Siddharth Seem and Oindrila Sen, the petition is by a transgender woman, who has to undergo gender reassignment surgeries in Bangkok in furtherance of hormone replacement therapy. 

The petitioner is aggrieved by the deliberate inaction of the Passport Seva Kendra, ITO Delhi, and the Regional Passport Office, R.K. Puram, Delhi, pertaining to the issuance of a new passport to the petitioner with the required changes in her name and gender, in accordance with Rule 3(3) of the Transgender Persons (Protection of Rights) Rules, 2020.

It is averred in the plea that since the PAN Card and the Aadhar Card of the petitioner have already been updated with the new name and gender, she is not required to submit an application for a certificate of identity as required under Rule 3(3) of the Transgender Persons (Protection of Rights) Rules, 2020.

Referring to the judgment passed by the Hon’ble Supreme Court in “National Legal Services Authority v. Union of India and Ors.”, (2014) 5 SCC 438, the plea states that Passport Rules, 1980, in as much as it mandates the production of ‘certification from hospital’ where the person underwent sex-change operation successfully is arbitrary, illegal, and violative of Article 21 of the Constitution. 

Also Read: PM CARES Fund should cover kids orphaned during and due to Covid-19: Supreme Court

It has been further stated in the plea, “the insistence on sex reassignment surgery in order for an individual to identify or change their sex/gender is unnecessary and violative of the choice of the individual with respect to undergoing a surgical procedure to reflect the transition.” 

In the light of these averments, the plea prays for declaration of the Passport Rules, 1980, insofar as it requires the production of the said documents, as unconstitutional and violative of Article 21 of the Constitution; and to issue a fresh passport with necessary changes.

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Supreme Court refuses relief to NLSIU student who wasn’t promoted due to uncleared exams

A two-judge bench of Supreme Court said “How long you want that courts should run the institutions/universities and why should we interfere?” While relying to the contentions of the petitioners counsel to promote her to final year by way of an opportunity.

NGT directs stoppage of Baitarani river project work of sand filling, embankment, retention wall

According to the order 8 applicants are seeking a direction to the respondents restraining them from the sand filling work of the river basin of Baitarani on the South Bank at the place where river Baitarani bifurcates as Old Baitarani and New Baitarani in the Bhadrak District of Odisha.

Allahabad High Court recalls order listing case of errant advocate before another bench

The Allahabad High Court has recently recalled its order in which it had directed the listing of a matter before another bench citing the "mischievous behaviour of the advocate".

CBI seeks dismissal of petition for separating Director of Prosecution from agency, says post enjoys full autonomy in affidavit

The Central Bureau of Investigation has informed the Delhi High Court that the Directorate of Prosecution has got full autonomy and there is no interference in the functioning of a law officer and it has no decision-making power in the appointment of the Director of Prosecution.

Supreme Court allows appeal against summons issued to invoke power under Section 319 CrPC

The Supreme Court has set aside the summons passed by the Sessions Judge, Khiri saying the Sessions Judge will apply his mind in the light of principles laid down by the Constitution Bench.
Did you find apk for android? You can find new Free Android Games and apps.