Calcutta High Court Rules Transgender Identity Card Valid for Passport Application

In a significant victory for transgender rights in India, the Calcutta High Court on June 18, 2025, directed the Regional Passport Office in Calcutta to consider a transgender woman’s identity card as a valid document for processing her passport application. The ruling came in response to a writ petition filed by Anuprabha Das Mazumder, a Calcutta-based trans woman who faced repeated denials of her passport application despite possessing a transgender certificate and identity card. This decision not only addresses Das Mazumder’s grievance but also sets a potential precedent for similar cases, highlighting ongoing challenges in implementing the Transgender Persons (Protection of Rights) Act 2019.

Background: The Struggle for Recognition

Anuprabha Das Mazumder, a transgender woman from Calcutta, applied for a Tatkal passport in 2023 to attend a programme in London. Despite submitting all required documents, including her transgender identity card issued under the Transgender Persons (Protection of Rights) Act 2019, the Regional Passport Office allegedly rejected her application, claiming the transgender (TG) card was not a valid document. This rejection prompted Das Mazumder to approach the Calcutta High Court, seeking legal recourse to assert her right to a passport.

The Transgender Persons (Protection of Rights) Act 2019, enacted by the Indian government in December 2019 and with rules notified in September 2020, is a landmark legislation aimed at protecting transgender individuals’ rights. It mandates equal treatment in areas such as education, employment, and access to public services, including the right to self-perceived gender identity. The Act also requires authorities to issue transgender identity cards, which serve as official recognition of an individual’s gender identity. However, as Das Mazumder’s case illustrates, implementation at the ground level has been inconsistent, often leaving transgender individuals struggling to access basic rights.

The Case: A Year-Long Battle

Das Mazumder’s legal battle began in 2023 when she filed a writ petition in the Calcutta High Court after her passport application was stalled. The Regional Passport Office informed her that her application had “elapsed” due to the passage of over a year since its submission, requiring her to reapply with all documents and fees. This response came despite her possession of a valid transgender identity card, which the passport authorities reportedly refused to accept.

On June 12, 2025, Justice Amrita Sinha, presiding over the case, directed the Regional Passport Office to provide an update on the status of Das Mazumder’s application by June 18. During the hearing on June 18, Suman Ganguly, Das Mazumder’s counsel, informed the court that the passport authorities had reiterated the “elapsed” status of the application, prompting Justice Sinha to issue a clear directive.

“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,” Justice Sinha stated in open court. Addressing Ganguly’s primary grievance regarding the validity of the transgender identity card, she added, “The transgender identity card shall be taken into consideration.”

This ruling effectively mandates the Regional Passport Office to recognize the TG card as a valid document when processing Das Mazumder’s fresh application, marking a significant acknowledgment of transgender individuals’ rights under the 2019 Act.

Key Quotes: Voices from the Courtroom

• Justice Amrita Sinha: “The transgender identity card shall be taken into consideration,” emphasizing the legal validity of the TG card for passport applications.
• Suman Ganguly, petitioner’s counsel: “Das Mazumder filed the writ petition. But the order can be treated as a precedent in similar cases,” speaking to The Telegraph after the ruling.
• Anuprabha Das Mazumder: “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,” she told The Telegraph. She further stressed, “Our rights cannot remain just on paper. Ground-level implementation is a must. The order is a step in the right direction.”

Implications: A Precedent for Transgender Rights

The Calcutta High Court’s ruling is a pivotal moment for transgender rights in India, particularly in the context of bureaucratic recognition. By explicitly directing the passport authorities to accept the transgender identity card, the court has reinforced the legal protections enshrined in the Transgender Persons (Protection of Rights) Act 2019. This decision could have far-reaching implications for transgender individuals across the country who face similar challenges in accessing government services due to inconsistent implementation of the Act.

Suman Ganguly’s assertion that the ruling sets a precedent suggests that other transgender individuals denied passports or other services on similar grounds may now have a stronger legal basis to challenge such rejections. The decision underscores the judiciary’s role in bridging the gap between legislative intent and practical implementation, a persistent issue for transgender rights in India.

Broader Context: Transgender Rights in India

The Transgender Persons (Protection of Rights) Act 2019 was a response to the 2014 National Legal Services Authority (NALSA) judgment by the Supreme Court of India, which recognized transgender individuals as a third gender and mandated equal rights, including access to education, employment, and identity documents. Despite this legal framework, transgender individuals continue to face systemic barriers, including discrimination in healthcare, education, and administrative processes.

For instance, a recent report by The Hindu highlighted the challenges faced by transgender students in Indian educational institutions, noting the lack of gender-neutral facilities and inclusive policies, even a decade after the NALSA judgment. Similarly, Das Mazumder’s case reflects broader issues in the recognition of transgender identity documents by government authorities, pointing to a need for greater awareness and compliance with existing laws.

Global Perspective: Transgender Passport Policies

The Calcutta High Court’s ruling comes at a time when transgender passport policies are under scrutiny globally. In the United States, for example, a federal judge in Boston recently blocked the Trump administration from limiting passport sex markers for transgender and nonbinary individuals, allowing them to select “X” as a gender designation. This ruling contrasts with the U.S. Supreme Court’s decision to uphold Tennessee’s ban on gender-affirming care for minors, indicating a complex landscape for transgender rights.

India’s recognition of transgender identity cards for passports aligns with progressive policies in countries like Canada and Australia, which allow nonbinary gender markers on passports. However, the inconsistent application of India’s 2019 Act highlights the need for standardized procedures to ensure that transgender individuals can access their rights without repeated legal battles.

Challenges in Implementation

Despite the legal protections offered by the 2019 Act, ground-level implementation remains a significant hurdle. Transgender individuals often face bureaucratic resistance, as evidenced by Das Mazumder’s experience with the Regional Passport Office. The claim that her TG card was not a valid document suggests a lack of awareness or adherence to the Act among officials, a problem that activists and advocates have long highlighted.

The requirement for Das Mazumder to reapply for her passport, despite her initial application being stalled for over a year, also raises questions about administrative efficiency and accountability. The Tatkal passport scheme, designed for urgent travel needs, is meant to expedite processing, yet Das Mazumder’s case underscores how systemic issues can undermine such mechanisms for marginalized communities.

Steps Forward: What Needs to Change

To address these challenges, experts and advocates suggest several measures:

• Training for Officials: Government agencies, including passport offices, must conduct mandatory sensitization and training programs to ensure officials understand and comply with the 2019 Act.
• Clear Guidelines: The Ministry of External Affairs should issue explicit directives to all passport offices, clarifying that transgender identity cards are valid for passport applications.
• Streamlined Processes: Simplifying the reapplication process for cases like Das Mazumder’s can reduce unnecessary delays and financial burdens.
• Public Awareness: Campaigns to educate both officials and the public about transgender rights can help reduce stigma and bureaucratic resistance.

Reader Takeaway: Why This Matters

The Calcutta High Court’s ruling is more than a legal victory for Anuprabha Das Mazumder—it’s a beacon of hope for India’s transgender community. By affirming the validity of the transgender identity card, the court has taken a crucial step toward ensuring that the rights guaranteed by the Transgender Persons (Protection of Rights) Act 2019 are not just theoretical but actionable. For readers, this case serves as a reminder of the ongoing struggle for equality and the importance of holding institutions accountable for implementing progressive laws.

For transgender individuals, access to a passport is not just about travel—it’s about dignity, recognition, and the ability to participate fully in society. Das Mazumder’s fight, supported by the judiciary, highlights the power of legal advocacy in dismantling barriers. As she prepares to reapply for her passport, her words resonate: “Our rights cannot remain just on paper.” This ruling is a call to action for better implementation, greater inclusivity, and a future where transgender individuals can navigate bureaucratic systems with ease and respect.

For those following this story, the case also underscores the importance of staying informed about transgender rights and advocating for systemic change. Whether it’s supporting legal battles or pushing for policy reforms, every step counts in building a more inclusive India.