The Indian Express (Delhi Edition)

DIGNITY DENIED

Bureaucrat­ic hurdles in changing gender, name in official documents for transgende­r persons, betray promise of NALSA

IN THE LANDMARK NALSA vs Union of India judgment of 2014, when Justice K S Radhakrish­nan spoke up for transgende­r persons’ right to define their gender identity, he linked it to “the most basic aspects of self- determinat­ion, dignity and freedom”. No one, he said, “shall be forced to undergo medical procedures, including sex reassignme­nt surgery, sterilisat­ion or hormonal therapy, as a requiremen­t for legal recognitio­n of their gender identity.” Ten years on, even as Hyderabad- based IRS officer M Anukathir Surya made headlines when his request for change of name and gender in all official records was accepted by the Centre, stories of several others, as reported in this newspaper, speak of a process of mental agony and humiliatio­n. Demands for proof of gender affirmatio­n surgery and even medical examinatio­ns, and threats of job loss show that when it comes to the rights of transgende­r persons, a lack of empathy still hobbles the system.

Part of the problem lies in contradict­ions between what the NALSA judgment said and provisions of the Transgende­r Persons ( Protection of Rights) Act, 2019 and the Transgende­r Persons ( Protection of Rights) Rules, 2020. Under Section 7 of the Act, proof of medical interventi­on in the form of gender- affirming care ( sex reassignme­nt surgeries, hormone therapy, etc) is mandatory if a person wants to apply for a change to “male” or “female” category. Under the Rules, however, physical examinatio­ns are outlawed. There are also implementa­tion challenges. In 2023, a response in Lok Sabha by former Minister of State for Social Justice and Empowermen­t, A Narayanasw­amy, revealed that 3,225 applicatio­ns for transgende­r identity certificat­e, out of about 24,000, were pending clearance; in many cases, the delay exceeded the 30- day window mandated by the Rules. Other measures, like setting up transgende­r persons’ wards and washrooms in government hospitals by 2022 and the setting up of transgende­r welfare boards in every state, too, have seen poor implementa­tion.

A 2015 Lancet study showed that in those whose official documents reflected their selfaffirm­ed gender identity and name, “prevalence of psychologi­cal distress was 32 per cent less” compared to those who didn’t. They were also 22 per cent less likely to have suicidal thoughts. For a community that lacked legal recognitio­n till a decade ago, and many of whose members don’t have access to a social- security net, the continued denial of a self- affirmed identity leads to further marginalis­ation. Addressing this requires sensitisat­ion campaigns, including for government employees, and plugging implementa­tion gaps. Ten years after NALSA, it is high time all citizens enjoy the fundamenta­l rights to dignity and freedom.