In a significant step towards inclusivity, the Centre has informed the Supreme Court that a ‘certificate of identity’ issued by the district magistrate under the Transgender Persons (Protection of Rights) Act, 2019, will be treated as valid documentation for applying for a PAN card. This announcement came during a hearing on a 2018 petition filed by a transgender individual seeking to link her PAN card with her Aadhaar card.
Supreme Court’s Involvement in the Matter
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah noted that the Union of India has, in principle, accepted the request to treat the transgender identity certificate as valid documentation for PAN card applications. The bench also mentioned that the Union government may consider incorporating this into the existing rules to ensure clarity on the matter.
“During the pendency of this petition, we sought a reply from Union of India, who has been very supportive in this matter and by and large has accepted all the demands raised in the present petition, including the one that the certificate to be issued under Section 6/7 of the Transgender Persons (Protection of Rights) Act, 2019, will be acceptable if given by the district magistrate,” the bench noted.
Understanding Sections 6 and 7 of the Act
Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019, specifically deal with the issuance of identity certificates and the process for changing one’s gender in official records. The Act aims to protect the rights of transgender individuals and ensure they have access to necessary documentation reflecting their identity.
Background of the Case
The Supreme Court was hearing a plea filed by Reshma Prasad, a transgender social activist from Bihar, who had faced difficulties in linking her PAN card with her Aadhaar due to the lack of a ‘third gender’ option on the PAN card, unlike Aadhaar. Reshma had initially enrolled for a PAN card in 2012, selecting the male gender category. However, after the Aadhaar system included the ‘third gender’ option following an apex court verdict, she registered as transgender in Aadhaar.
Reshma sought a directive from the Centre to create a separate third gender category on PAN cards to enable transgenders to link it with Aadhaar and obtain accurate identity proof. Her case highlighted the challenges faced by the transgender community in accessing essential services due to discrepancies in official documentation.
