Lagatar24 Desk
New Delhi: The Central 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 recognized as valid documentation for applying for a PAN card. This decision marks a significant step towards ensuring the rights and inclusion of transgender individuals in official identification processes.
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah acknowledged that the Union of India has agreed in principle to this request. The court suggested that the Union government consider incorporating this provision into the official rules to provide further clarity.
“During the proceedings, we sought a response from the Union of India, which has been very supportive of this matter. They have largely accepted all the demands raised in the present petition, including the acceptance of certificates issued under Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019, by district magistrates,” the bench stated.
Sections 6 and 7 of the 2019 Act pertain to the issuance of identity certificates and the process for changing one’s gender in official records. The Supreme Court was hearing a plea filed in 2018 by Reshma Prasad, a transgender social activist from Bihar. Prasad had encountered difficulties in linking her PAN card with her Aadhaar due to the absence of a ‘third gender’ option on the PAN card, despite such an option being available on the Aadhaar card.
Reshma Prasad had initially applied for a PAN card in 2012, selecting the male gender category, and had been filing tax returns under this category for the financial years 2015-16 and 2016-17. However, after the Supreme Court’s landmark verdict, the Aadhaar system included a ‘third gender’ option, allowing Prasad to register as a transgender.
In her plea, Prasad sought a directive from the Centre to create a separate ‘third gender’ category on PAN cards, enabling transgender individuals like herself to link their PAN with Aadhaar and obtain accurate identity proof.
This decision by the Centre to recognize the transgender identity certificate for PAN card applications represents a significant advancement in the recognition and protection of transgender rights in India. It ensures that transgender individuals can obtain accurate and inclusive identity documents, facilitating their access to various services and legal rights.
