In a significant development for transgender rights in India, the Centre has confirmed to the Supreme Court that a ‘certificate of identity’ issued under the Transgender Persons (Protection of Rights) Act, 2019, will now be recognized as valid documentation for obtaining a Permanent Account Number (PAN). The announcement came during a hearing by a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah.
The Union of India has indicated a principled agreement to this effect and is considering the formal inclusion of these provisions in the regulatory framework to ensure clarity and ease of application. “During the pendency of this petition, the Union of India has been very supportive, and has largely accepted all the demands raised, including the acceptance of the identity certificate issued by the district magistrate under Sections 6 and 7 of the Act,” noted the bench.
Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act focus on the issuance of identity certificates and amendments to gender specifications, providing legal recognition and support for individuals undergoing gender transition.
This judicial dialogue was part of a broader case brought forth in 2018 by Reshma Prasad, a transgender social activist from Bihar, who faced difficulties linking her PAN with her Aadhaar due to discrepancies in gender identification options. Prasad, who initially registered her PAN under the male category and later updated her Aadhaar to reflect her transgender identity, highlighted the need for a ‘third gender’ option on PAN cards to facilitate accurate and dignified identity recognition.
