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Passport rule asking SRS certificate for gender determination : Madras HC issues notice to External Affairs, Law Ministries

Passport rule asking SRS certificate for gender determination : Madras HC issues notice to External Affairs, Law Ministries

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

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