Do I need a surgery to get my Transgender ID card?
Can I my GD Certificate for a TG ID Card?
TG ID Card application requires medical intervention to prove that you are Trans. So will that mean that the GD Certificate is admissible in such cases. Sriraksha V Srivastava will tell us more.
What is written in the TG Act?
Section 7 of the TG ACT says that one needs a sex-reassignment surgery to be admissible as Transgender.
But the rules say differently. Rule 2 (i) says that medical intervention is required. A GD Certificate then, would count as any medical intervention. The same goes for HRT.
But this goes against the ACT and this is why this is contentious and confusing. But a lot of trans people have gone forward and shown their HRT or GD Certicates to acquire their TG Cards according to Sriraksha.
What about rejected TG ID requests?
For now, we talked about how to get a certificate if the District Magistrate accepted your application. But what if they don’t?
You are entitled to your TG ID within 30 days of filing for the TG ID.
If your request is denied because of administrative failures or affidavit issues then you have to say that you will correct it and resubmit.If they tell you that you haven’t said about any medical intervention for the TG Card so that is a problem within the ACT. You can go for a review under the ACT to the District Magistrate. You can then prove that you have followed the guidelines set by the ACT and all the details are true so the rejection is not right. And so you can ask for the card again and they will process it for you.
What if I still don’t get it?
If all of this doesn’t work and you still can’t get the TG Card then, you can Appeal.
Through an appeal, you can tell them the ground by which you have been denied but this is not right because the ACT states differently.
Is a binary TG Card through GD Certificates possible?
Sriraksha then talks of a client who recently got rejected. So they applied for a revised TG Card where they can get a binary gender marker- female. They submitted their HRT certificate by the medical officer and everything was right but they were denied on the grounds that they haven’t had surgery yet. So we went to the Appellate Authority and filed an appeal. This is different in different states. The District Collector of this State’s capital rejected this but we went forward with the appeal and said the ACT states that as per Rule 2(i) says medical intervention is required for TG Card. And so after the appeal, there was a hearing and now it has been directed to give them a TG Card.
