Madras HC issues notice to center over passport rules on Sex Reassignment surgery

Saradha Natarajan

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Sivakumar TD is actively involved with the LGBTQ community. He has moved the Madras High Court with a Public Interest Litigation (PIL) seeking to declare Passport rules that requires Sex Reassignment Surgery Certificate as unconstitutional.
According to Passport rules of 1980, the rule 39 requires a list of documents and certification from the hospital mentioning where the individual had reassigned their gender. Sivakumar said the rule was illegal and unconstitutional.
Sivakumar said that asking these documents violates Article 21 of the constitution that deals with personal liberty. He also said that the judgement of annulment of Article 377 in 2018 made it clear that any insistence of the Sex Reassignment Surgery (SRS) for declaring one’s gender was “immortal & illegal.”
He also stated that, though Supreme Court had laid down directives that insistence of SRS certificate is illegal, the judgement says that the individual is required to produce only a medical certificate.

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