Chennai, Nov 13 (UNI) The Madras High Court today issued notices
to the Union External Affairs and Law and Justice Ministries, returnable
by four weeks, on a petition seeking to declare a passport rule as
'Unconstitutional'.
The plea was moved by a local resident, involved in promoting the
interests of the LGBTQ (Lesbian, Gay, Bisexual, Trans and Queer)
community, seeking to declare passport rules that require submission
of Sex Reassignment Surgery (SRS) certificate for gender determination
as “unconstitutional”, as it violated Article 21 of the Constitution that
deals with personal liberty.
A division bench comprising Mr Justice M Sathyanarayanan and
Mr Justice N Seshasayee issued notices, returnable by December
12, to both the Ministries.
The petitioner also cited an Apex Court judgement relating to the
rights of transgenders.
Contending that the judgement had authoritatively held that any
insistence for SRS for declaring one’s gender was ‘immoral’ and
‘illegal’, the petitioner said it also held that a person’s right to
choose and express a gender identity fell within the ambit of
Article 19(1)(a) of the Constitution.
Referring to Passport Rules 1980, with reference to change of
sex in the passport and list of documents to be provided, the
petitioner said Rule 39 sought the applicant to submit a
certification from the hospital where the sex change surgery
was performed and termed it as 'illegal' and 'unconstitutional'.
UNI GV 1740