In a significant move that marks a major step toward equality and inclusivity, the Calcutta High Court has ruled that a transgender identity (TG) card must be accepted as a valid document for passport applications. The decision comes as a response to a writ petition filed by Calcutta-based trans woman Anuprabha Das Mazumder, who had been allegedly denied a passport for over a year despite holding an official transgender certificate and identity card under the Transgender Persons (Protection of Rights) Act, 2019.
According to Das Mazumder, officials at the regional passport office in Calcutta had earlier rejected her application, citing the TG card as 'not a valid document.' This stance stood in direct contradiction to the provisions of the 2019 Act, which legally recognises the rights and identity of transgender individuals, including the issuance of ID cards as valid proof of identity.
Justice Amrita Sinha, presiding over the matter, had previously instructed the passport office to clarify the status of Das Mazumder’s application by June 12. On the scheduled hearing date, the petitioner’s counsel, Suman Ganguly, informed the court that the authorities had stated the application had 'elapsed' due to a lapse of more than a year since filing. As a result, Das Mazumder was advised to submit a fresh application with the necessary documents and processing fee.
Court Acknowledges Validity of Transgender ID
Though the original application had expired, the key breakthrough came when Justice Sinha explicitly stated, 'The transgender identity card shall be taken into consideration,' thereby affirming the TG card’s legitimacy in the passport issuance process. With this declaration, the High Court officially disposed of the writ petition but left behind a strong precedent for future cases.
Speaking to the media afterwards, Ganguly noted, 'While the petitioner sought personal relief, this judgment can now serve as a guiding light for others in similar circumstances. It is a powerful acknowledgement of transgender rights in action.'
The Transgender Persons (Protection of Rights) Act, 2019, which came into force in December 2019 and was operationalised with rules in September 2020, was widely celebrated as a transformative piece of legislation. However, Das Mazumder’s ordeal highlights the inconsistencies and bureaucratic resistance often faced during its on-ground implementation.
Das Mazumder had applied for a Tatkal passport and later approached the court for urgent intervention in 2023, especially after receiving an invitation to attend a program in London. Her legal team requested an expedited hearing, which the court granted on June 12.
Reacting to the verdict, an emotional Das Mazumder said, '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 added, 'Our rights cannot remain just on paper. Ground-level implementation is a must. The order is a step in the right direction.'
While this ruling sets a promising precedent, activists and legal experts alike are calling for stricter enforcement and training for government officials to eliminate institutional bias. With judicial backing now clearly in favour of transgender rights, the responsibility lies with the administrative machinery to align its procedures with the law.
The Calcutta High Court’s acknowledgement of transgender identity cards in official processes marks a pivotal moment not only for Das Mazumder but for all transgender individuals striving for dignity, recognition, and equal opportunity in India.
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