See, as of now, yes, gender change is legal in India, but it is not as simple as that because this topic is kinda controversial, not just in India, but all around the globe. As you may have seen that people in the West have mixed views about trans people and in particular about gender change and yes, that was kinda the situation before 2014 in India. But things have changed quite a bit, and now there are specific laws regarding all this, so let’s talk about that by going a bit in-depth.
What Does The Law Say About Gender Change in India?
Certainly, trans people had only a meager amount of rights until 2014, and also they were often targets of various types of discrimination and social exclusion right here in India. But yes, we can say for sure that a significant change came about in 2014 with an iconic case decided by the Supreme Court of India. In the case of the National Legal Services Authority v. Union of India, the Supreme Court of India recognized the existence of transgender people as a special class of people and granted them the right to identify themselves. That was kinda a true milestone for the LGBT people in India.
The Transgender Persons (Protection of Rights) Act, 2019, remains the key piece of legislation that determines the rights, as well as entitlements, of persons with transgender identities in India. The very essence of this act is to promote acceptance and protect persons with transgender identities and their rights. Thus a person can choose to identify herself/himself as a male or female or a transgender person, and cannot be discriminated against on the basis of gender identity as per the provisions of this law.
If he/she wishes to have legal post-sex-change gender reassignment surgery and be eligible for a new birth certificate, he/she should go through the legal process for a transgender certificate. To do this, he/she must submit an application to the Magistrate including documentary evidence proving his/her gender identity and his/her desire to change gender. When approved, the concerned person can update Aadhaar, passport, and other official documents with the new gender identity.
The Medical Side of Gender Change in India
See, when it is all about gender change in India, well, there is something called Gender Affirmation Surgery (GAS). This surgery consists of a whole range of medical steps that change the outward features of a person and the sexual traits to be in harmony with their internal sexual identification, you know?
But let’s say if someone wants to have surgery, there are some standards they have to fulfill. Usually, the process consists of a thorough physical and psychological examination to confirm that the patient is prepared for surgery both mentally and physically, and that’s the most important part. But yes, if the person who is seeking gender change surgery is actually a minor or is of not legal age, then he/she must get their parent’s approval before they go for this type of surgery because the changes are irreversible.
