Gender Change

Gender Change Explained:

Changing one's gender in India is a significant and deeply personal journey that involves legal processes and documentation. Gender change is increasing rapidly in India, and various constitutional amendments are being made to induce gender awareness. 

You might have seen many social media and film media celebrities being a part of this gender change campaign. Gender change was considered taboo, but now it has become a common thing because people are accepting it boldly. LGBT campaigns take a long time to gain their rights. 

Until 6 September 2018, section 377 was declared unconstitutional, and gender change was considered a criminal offence. With the passing of time, everyone is realising his/her human rights. The idea of gender change has taken a new form: LGBTQIA+. We will discuss it in steps and requirements for this process in simple terms to help you understand what it entails.
                                

The Step-by-Step Process of gender change in India

Let's break down the steps involved in legally changing one's gender in India:

Step 1: Creating the Gender Change Affidavit

The first step is to prepare a Gender Change Affidavit. This is a formal legal document that states your intention to change your gender. It needs to follow a specific format provided by the Department of Publication. In this document, you'll include your name, address, father's name, age, and the new gender you wish to adopt. It's crucial to ensure that all the information in the affidavit matches your supporting identity proof.

Once you've prepared the affidavit, it must be printed on stamp paper and notarised to make it legally valid.

Step 2: Publishing an Advertisement

Next, you'll need to place an advertisement in a prominent newspaper in your city. The choice of the newspaper should align with your address proof. The content of this advertisement should mirror the details provided in your affidavit.

Step 3: Gazette Procedure

After completing the affidavit and newspaper advertisement, you'll need to file a signed application along with the required government fees. The term "Gazette" refers to an official magazine published by the Government. Different states and the Central Government may have their own versions. You can notify your gender change in any Gazette, but some government institutions may require notification in the Central Government Gazette.

Step 4: Gazette Publication

Once your application is submitted, it will undergo review by the relevant department. Upon approval, the notification of your gender change will be published in the Government e-Gazette. This process usually takes 45-60 business days, with the e-Gazette published every Saturday.

After publication, you'll receive a copy of the Gazette notification via email. This serves as proof of your gender change. It's important to note that the department does not issue physical certificates. You can use this notification to update your official documents, such as your Voter Card, Aadhaar Card, and PAN Card.

In what case can the application get rejected?

It is necessary to follow the stated procedures and formats carefully. If you fail to comply with the defined procedure, it may result in the rejection of your gender change application. 

If your application is rejected, you'll need to submit a fresh application carefully with the assigned procedures. To reduce the risk of rejection, one must seek the assistance of legal experts and lawyers to ensure that all legal attachments are compiled with the application as required.

Documents Required for Gender Change (Male to Female)

For a male-to-female gender change application, you'll need the following documents:

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• Self-attested copies of ID proof (Aadhaar, Voter ID, Passport)
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• Two self-attested passport-sized photographs
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• A newspaper publication announcing your change of gender
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• A specimen proforma is being signed by you and two major witnesses
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• A declaration of the accuracy of your application
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• A letter of request is being sent along with the registration fee.

Process of Change of gender on other documents 

Change of gender name in Aadhaar:

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• Go to the Self-Service Update Portal.
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• Enter your Aadhaar number and the OTP received on the registered mobile number.
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• Change your gender's name.
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• Submit the updated information.

Change of gender in PAN Card:

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• Visit the NSDL website.
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• Select 'Apply' in the 'PAN' section.
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• Provide the required details.
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• Upload necessary documents.
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• Pay the fee.

You will receive an updated PAN Card.

Change of gender in Passport:

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• Apply for a re-issue, specifying the gender change.
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• Submit supporting documents.
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• Pay the applicable fee.
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• Attend a verification appointment.

You will receive the updated Passport.

Gender change name in Birth Certificate:

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• Obtain the relevant form from the issuing authority.
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• Gather supporting evidence.
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• Submit the form along with the fee.
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• Await the updated birth certificate.

WebLex’s Stance: 

In conclusion, the process of legal gender change in India has evolved significantly, reflecting a more inclusive and accepting society. With step-by-step procedures, individuals can align their gender identity with official documentation, granting them the recognition and rights they deserve. This transformation highlights the progress towards gender diversity and human rights in India, emphasising the importance of legal and social acceptance.