Transgender Act 2020 procedure | Legal gender and name change in documents

Deepa44

Hey guys,, Good day,,
Anybody come to know about the portal issues fixed by Govt ? Please keep updating your inputs friends it will be very helpful 🤷🏻‍♀️👍🏻
If any of our community people are working with authorities or raised voice against this issues or anything else 🤷🏻‍♀️,,,, okay 👍🏻

Jesse

Help me in understanding this govt. rule.

A)
Person XY genes and officially registered as Male in govt. documents
--> will first have to declare as Transgender in govt. documents
--> only then person can register as Female in govt. documents?

B)
Does Rule 6 of Transgender Persons (Protection of Rights) Rules, 2020 means the same what I have said in point A) above?

Deepa44

Jesse hii,, check Sonal post above,,
Yes, you need to apply as Transgender first and later you will get male or female ID,, once you had gone through surgery 👍🏻

Lucille_Rilde

Jesse It does seem that but the bill is still not implemented because there are cases going on. However, the Supreme Court has previously ordered that forcing Trans person to require Surgery before changing gender is unconstitutional.

Kayal_Vizhi

Yea guys what happened to the portal now
It was 16 day still you people din't gave any update in this discussion
If u left this discussion and intend to create any new discussion regarding this, please Include me
I am waiting for your Reply

AVL7036

Kayal_Vizhi https://www.prsindia.org/billtrack/draft-transgender-persons-protection-rights-rules-2020
read the draft rules

Kayal_Vizhi

AVL7036
Hey, I knew about the Transgender Certificate Rules 😇
I speaking about the working condition of this site - http://transgender.dosje.gov.in/
Earlier people said, This Site is not working, but know it seems quite Improved, there is contact Number, e-mail IDs etc

So, I wants to know,
Did anybody tried this site?
Did anyone got the Certificate successfully using this Site?
Where they still demanding the report of a psychologist employed at a government hospital to give a Certificate?

If anyone tried this site recently after its improvement, tell me what happened and how it's working, Let me know

s18009

Kayal_Vizhi you do not need a psychiatrist certification anymore, and the form seems to be working now on the portal, but I haven't yet gone through all the way to submitting it, maybe give it a try and update us all here? Someone mentioned being able to submit the form on another thread

Kayal_Vizhi

Thanks for your reply, but
I can't understood, what it means
"Someone mentioned being able to submit the form on another thread"

s18009

Kayal_Vizhi you already responded there - someone said their friend was able to submit through the portal

s18009

(i) “medical intervention” includes any gender affirming medical intervention undertaken by an individual to facilitate the transition to their self-identified gender, including but not limited to counseling, hormonal therapy, and surgical intervention, if any.

I just noticed this definition on the rules. I believe it makes it clear that even a psychiatrist certificate is sufficient for a binary gender marker as male or female

(h) “medical institution” means any medical institution whether hospital or clinic, private or public, in rural areas or urban or overseas;

And this makes it clear that even private clinics and hospitals are treated as valid

(1) If a transgender person undergoes medical intervention towards a gender affirming procedure, either as a male or female, such person may apply in the Form – 1, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone the said medical intervention, to the District Magistrate for the issue of a revised certificate of identity.
(2) The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the genuineness of the said medical certificate, which shall not include any physical examination.

s18009

AVL7036 That's an older draft. Please see https://taxguru.in/corporate-law/transgender-persons-protection-rights-rules-2020.html for the version of the rules that were notified and are now in force as of 25th September 2020

Kayal_Vizhi

s18009
I am not going to change gender in any of my previous certificates, Just want to get this Card

Previously you said "you do not need a psychiatrist certification anymore to get this Transgender Identity Card"

There is no change in that statement right, because, that Act was very confusing for me to Read

And Later you said,

s18009

Kayal_Vizhi There are two parts to this process and two separate forms
One for the Transgender ID card which allows to change your name and gender to "transgender"
And the second, once you have the Transgender ID card, you can apply for binary gender marker as "male" or "female".
The first one does not require any proofs or medical certificates, and you can get your gender changed to transgender with self declaration and affidavit by submitting that form.
If you want a binary "male" or "female" marker, you then need to submit a certificate issued by a medical institution as defined above stating that you had a "medical intervention towards a gender affirming procedure" and this medical intervention can be anything including but not limited to counselling, hormonal therapy, and surgical intervention - so even a psychiatrist's letter of support stating the same may technically be sufficient.
Hope it's clear, please feel free to ask any further questions

Sonal_t

Jesse
As mentioned by @s18009 in earlier post, medical intervention has been defined and based on that even GD certificate should suffice to apply for binary gender marker.
Also, the understanding is that we dont have to get govt documents updated to TG marker if we want binary gender markers on legal/govt documents.

s18009

In a webinar by Humsufar trust, lawyer Trupti Tandon noted that based on the language of the Transgender act it appears that we need to first apply for Transgender certificate and then apply for binary gender marker. She also noted that based on language of rules, however, it appears that we can apply for binary gender markers directly (by providing concerned medical document) without having to apply for TG certificate.

So it will be better, If someone has applied or has info about applying for binary gender marker through the portal, updates us here.

Sonal_t

Kayal_Vizhi Yes, from the initial state there are improvements in the portal. Last when I had checked districts for states like Maharashtra, Karnataka, they were not populated. But now the relevant data is populated with districts (similarly many other state districts may be populated now). However, the site/portal is still on non secure connection.

s18009

Sonal_t I can confirm this now, if you apply via the online portal, you can directly apply for the binary marker and the form has an option to state if you already have a Transgender ID Card or not, if not it appears they will generate one for you with the same single form. This is excellent news!

Kayal_Vizhi

Thanks Sonal_t and s18009 for clarifying

Sonal_t

s18009 Thank you for the update.

anusha235

Where can I get affidavit?

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