No medical examination required for trans ID certificate, say draft rules

Government move comes after opposition from trans rights movement

Trans persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be “a transgender person whose gender does not match with the gender assigned at birth” and that they “declare” themselves to be transgender.

After facing flak from the transgender community , the Centre has done away with the requirement of a medical examination for trans persons applying for a certificate of identity in its latest draft rules framed under the Transgender Persons (Protection of Rights) Act, 2019 .

The draft of the Transgender Persons (Protection of Rights) Rules, 2020, published in the gazette on Monday stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, “but without any medical examination”.

An earlier draft of the rules, for which the Ministry had invited public comments till May 18, had mandated a report from a psychologist along with the affidavit for the application. The trans rights movement had opposed this, as it was seen as going against a trans person’s right to self-identification, which was upheld by the Supreme Court in 2014.

Social Justice Ministry Secretary R. Subrahmanyam said the latest draft, which is open for comments for 30 days from July 13, had addressed the community’s issues regarding identity and included welfare measures for trans persons.

Mr. Subrahmanyam said that an online application system was being prepared and may be ready by September.

Trans persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be “a transgender person whose gender does not match with the gender assigned at birth” and that they “declare” themselves to be transgender.

In case of change of gender, the application for new identification certificate would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant underwent the intervention, the rules stated.

In an annexure to the rules, the Ministry has proposed a series of welfare schemes, including making at least one hospital in each State equipped to provide “safe and free gender affirming surgery”, counselling and hormone replacement therapy; providing medical insurance cards; giving scholarships to trans persons; facilitating accommodation and schooling for trans, gender non-conforming and intersex children at government-run schools and colleges; and universal access to food security.