How can I appeal the rejection of my TG ID ?
How can I appeal a rejected TG Card? By Sriraksha V Srivastav
TG Card is an important document but the process of acquiring it is a little complicated. So what if it gets rejected? How can one appeal that rejection? Sriraksha V Srivastav from CLPR explains.
Can I appeal through my own lawyer or the Trans Law Cell?
CLPR’s Trans Law Cell helps the community with all its legal needs and requirements but you can use your own lawyers on this case. You have to present your case before them stating what you did, what you missed out, what the law says and why their rejection was unfair. So they will have to issue the revised TG Card to you.
This is what you have to follow, so this can be done by any lawyer or even you. The ACT does not mandate a need for a lawyer. Anyway the case needs to be filed by the applicant. A lawyer will only make sure to include all the important points so that the case becomes strong and is not rejected by the courts.
Who all do I need to talk to?
You need to deal with the Appellate Authority which was mandated by the ACT to make sure that the authorities involved, if they are making a mistake then the transgender people can just appeal to it.
The issue is most people in these authorities do not know the law and especially a law like this which was so recent that it hasn’t had the time to be implemented or enacted properly. Additionally the law is also filled with contradictions.
Where does the hearing take place? In a court?
This is not a courtroom hearing. You have to go to the appealing authority. In some cases it might be the District Collector of your State. So you will have to take your case to them and ask what is going on. Then they will process your request and let you know your date of the appeal. On that dat you tell them what the issue is.
This is not a court hearing so it is not You vs The Judges. This is just a relief system in case the authorities fail you. So you don’t need to know the law, or how to argue or plead.
But it would be nice if you understood the TG ACT beforehand to help yourself. You can also have a copy of the medical documents as well as the originals. It will also help if you kept a copy of the NALSA ACT, The TG ACT and its Rules.If they are going to be the ones giving you your IDs they should also know of the Law.