Gender change usually happens when there is a mismatch between the gender identification after birth and self-psychological recognition that helps an individual to get aligned with their inner self.
In the past decades, there have been several cases that lead to gender transition after birth legally. This change must be published in the national Gazette officially of an individual’s chosen identity that is different from their birth.
Nowadays, India has come forward with certain processes that need to be followed after an individual has gone through gender transition to get their identity changed on documents as well.
To go through the process an individual needs a medical certificate from a registered medical practitioner to change their gender stating the details about gender reassignment surgery or diagnosis of gender dysphoria along with the individual’s medical history.
These documents are also required after the gender change for documenting the change of gender in the government ID cards, bank documents and any other necessary document with specified gender role.
Impact of Gender Change on Society
In India, society plays a rigorous role in its existence wherein they accept any change or reject any change and stand against it. Gender change in India has been increasing in recent years since the individuals who feel the need to change their gender be it male or female have come out openly unlike old times wherein this was treated as crime. Society has taken gender change in both ways, positive or negative.
If we see it positively it allows an individual to identify their true identity publicly and know their rights or privilege that may be given. Gender change in India also comes with a negative impact that leads to stigma and discrimination on the basis of gender.
To ensure the gender change process with proper guidelines and protection, government involves in order to protect the rights of individuals going through the gender change which also provides proper medical care and counseling before, during and after gender change.
Governments have also made certain laws for the individuals who undergo gender change and are not being treated unfairly, assaulted or discriminated by society.
Change Gender Legally
Changing gender legally in India from male to female or female to male comes with certain steps, after following the steps discussed below, a notification regarding Gender change is published in the Gazette of India. Let’s discuss this in detail :
First Step: To Make an Affidavit
To start with the process an affidavit is needed in the same format prescribed by the Department of Publication with proper name, age, gender, address and father’s name on a stamp paper along with proper supporting documents. The affidavit is generally needed to make the gender change document legal and notarized with the government. This would cost approximately INR 300-400 from nearby notary.
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Second Step: Ad in Newspaper
Publishing a newspaper advertisement to announce the change of gender as per the address proof with the same details mentioned in the affidavit. It’s better to follow the format to avoid any kind of rejection and get the work done easily.
The reason to publish gender change is to let the society and government know that an individual has officially changed from male to female or vice versa. Any newspaper be it national or regional, English or Hindi would work and will cost around INR300.
Third Step: Publication of Gazette notification
In this step, the duly filled gender change application form along with necessary documents and government fees is submitted to the Gazette officials. Then after, the government of India publishes a gazette to make the newly selected gender official.
Once the application is submitted, the application will be reviewed, approved and then published in the e-Gazette of the government which will take about 50-60 business days. The gazette is scheduled to be published every week on Saturdays and the same can be downloaded from the official website.
The time taken for the process depends on many factors, mainly the verification of documents and information and the workload of the concerned department.
Also, a copy of the gazette can be downloaded from egazette.gov.in website, as the government never issues a physical copy to the applicant. The notification in the weekly gazette works as a certificate or proof of gender change and can be presented anywhere needed to make the changes in government documents like Aadhar card, driving license, PAN card or Voter card.
FOR ANY KIND OF LEGAL HELP, CALL: 98771-24221
Gazette is a magazine that is usually published by the central and state government and anyone can apply to furnish their request in those magazines to announce any change legally and officially. Generally it is advised to apply in the Central Government gazette reason being itis more popular as compared to the state government.
Required Documents for Gender Change
Below mentioned documents are required at the time of applying for gender change application :
- Newspaper advertisement in original announcing gender change of the applicant.
- Duly signed declaration for the application that says all the mentioned details are true.
- A duly signed notary is required along with details of applicant and two witnesses.
- Original and attested photocopies of ID proofs like Passport, Aadhar and Voter card.
- Passport size pictures of the applicant.
- Registration fee and request letter.
Once all the steps and documentation is ready, one can visit the Department of publication on the below give address and submit their file:
The Controller of Publication, Department of Publication, Behind Vidhan Sabha, Civil Lines, Delhi-110054.
Now, let’s dive into detail on changing gender in different government documents after the Gazette notification is out.
Changing Gender In Aadhar Card :
- Since the Aadhar Self-Service Update Portal only allows address updates, you will have to visit your nearest Aadhaar Seva Kendra :
- With AADHAAR DATA UPDATE/CORRECTION FORM that can be downloaded from https://uidai.gov.in/images/UpdateRequestFormV2.pdf.
- The form should be filled with the correct gender option.
- Attach the proof of identity with the correct
- Submit all the documents to the Aadhar enrolment center.
- URN number is provided along with acknowledgment number to check the status of your request online from UIDAI website.
Once the applicant gets their Aadhar updated with the correct gender, they can use it as an ID proof for changing the gender in all other documents like Birth Certificate, PAN card, Passport, Voter card, driving license and bank details. Individuals can attach the updated Aadhar along with an affidavit and gazette notification.
Changing Gender In Birth Certificate :
Gender change in birth certificates varies from state to state depending on the guidelines of the issuing state. Here is the process to be adopted during gender change in birth certificates.
- The office of the municipality or the gram panchayat that originally issued the birth certificate provides the form to be filled with changed gender.
- Supporting documents along with filled form and court order needs to be submitted for approval to the original issuing authorities.
- There is a nominal fee that needs to be submitted along with the forms and proofs to the authorities.
- After all the documents and fee is submitted just sit and wait for a month for the notification to come regarding the successful gender change request and updated birth certificate.
Changing Gender In Passport :
For an Indian passport, any kind of change requires re-issue of a new passport that follows the same process online :
- Request for re-issue of passport with a request to change gender.
- All the supporting documents like government certificates, affidavits, gazette publication and application fee that is INR 1500 needs to be submitted online.
- Make an appointment at any PSK or RPO in your city and visit the centre for document verification and biometrics.
- After the successful approval of the application, a police verification will be done and the passport will be sent to the applicant’s provided address.
Conclusion
With the growing India, the gender change law has been changing gradually to make a significant impact on gender equality and to make individuals aware of their rights. Indian laws in favour of gender change are legal framework to recognize gender identity and the right to self-determine to give protection legally with ID proofs and proper documentation to live with dignity and respect.
Gender change in India is a legal process designed for an individual’s safety and freedom to have the same rights as all other genders. Just to be sure it’s advised to follow all the processes accurately and get the documents ready beforehand.
Self-identity and its realization or acceptance come with more power, rights and privileges in all aspects.
