Transgender Identity Certificates Valid for PAN Card Applications: Centre tells SC

New Delhi: The Indian government has informed the Supreme Court that a 'certificate of identity' issued by a district magistrate under the Transgender Persons (Protection of Rights) Act, 2019 will now be accepted as valid documentation for applying for a PAN card. This decision marks a significant step towards easing bureaucratic hurdles for transgender individuals seeking official recognition.

A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah acknowledged the Union government's in-principle agreement to this request and suggested that the government may consider formally incorporating this provision into the relevant rules for clarity.

"During the pendency of this petition, we sought a reply from the Union of India, who has been very supportive in this matter and by and large has accepted all the demands raised, including that the certificate issued under Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019 will be acceptable if it is given by the district magistrate," the bench noted.

Sections 6 and 7 of the Act pertain to the issuance of identity certificates and the recognition of gender changes. The Supreme Court was hearing a 2018 petition filed by Reshma Prasad, a transgender activist from Bihar, who had encountered difficulties linking her PAN card with her Aadhaar due to the lack of a 'third gender' option on the PAN card, unlike the Aadhaar card.

Prasad had applied for a PAN card in 2012 under the male gender category and had been receiving her tax returns accordingly. However, following the Supreme Court's recognition of the third gender in the Aadhaar system, she registered as a transgender in her Aadhaar. Prasad's petition sought the creation of a separate third gender category on PAN cards to allow transgender individuals to link them with Aadhaar, thus ensuring accurate identity proof.

(With Inputs from PTI)