The high court on Wednesday directed passport authorities to consider a trans woman’s transgender identity card as a valid document while processing her passport application.

The Calcutta-based trans woman has allegedly been denied a passport for over a year despite holding a transgender certificate and ID.

The regional passport office in Calcutta allegedly told Anuprabha Das Mazumder that the TG (transgender) card is not a valid document. This is in violation of the
Transgender Persons (Protection of Rights) Act 2019, she alleged.

On June 12, at the previous hearing, Justice Amrita Sinha of Calcutta High Court
directed the regional passport office to respond on the status of her application by Wednesday.

On Wednesday, Suman Ganguly, the petitioner’s counsel, informed the court that the passport authorities had communicated that Das Mazumder’s passport application had “elapsed” since a year had passed since it was filed. Das Mazumder has been asked to file a fresh application with all the required papers and the fee, he said.

Justice Sinha said in open court: “It appears that the earlier passport application of the petitioner elapsed... and the petitioner is required to apply afresh with requisite fees and documents. The petitioner shall take steps in accordance with law for the purpose of obtaining the passport.”

Ganguly then said his sole grievance was about the TG card not being considered a valid document.

“The transgender identity card shall be taken into consideration,” Justice Sinha said, disposing of the writ petition.

Ganguly later told The Telegraph: “Das Mazumder filed the writ petition. But the order can be treated as a precedent in similar cases.”

In December 2019, the government brought in the Transgender Persons (Protection of Rights) Act 2019, for which the rules were notified in September 2020.

The Act has been hailed as a landmark legislation, but ground-level implementation has been far from consistent.

Das Mazumder, who had applied for a Tatkal passport, had moved Calcutta High Court in 2023. The case was pushed for urgent listing on June 12 after she was invited to a programme in London.

“I am grateful to the honourable court. I hope I can get the passport in time to travel to the UK. But this is not just a victory for me. This is for the entire transgender community,” said Das Mazumder.

“Our rights cannot remain just on paper. Ground-level implementation is a must. The order is a step in the right direction,” she added.