Name Change for Transgender Individuals in India: Challenges and Procedure
Date : 17 Jul, 2023
Post By admin
Introduction
Changing your name refers to the process of altering name, it could be changing the initials or adding/ deleting a single letter, or changing one’s name completely. One can change name due to many reasons that can be religious, social, adoption, marriage, divorce, etc.
Name Change for Transgender Individuals in India
Anyone in India can change their name, however, one needs to follow the procedure for the same. For transgender persons there has been a big struggle to get their name entered into public databases due to lack of identification documents in their name and gender. If we see a decade back only two genders were identifiable i.e. male and female gender, but now there is change in the system and database.
Challenges faced by transgender
The Transgender Persons (Protection of Rights) Act 2019 was passed to protect the rights of transgender persons in India. However, transgender persons are facing many challenges that are likely to persist due to dependency of existing ID documents, long legal process and medicalization, etc.
There was no uniformity in the process of name change across India before enactment of Transgender Act. However, now there is a relief and there is a detailed process to change one’s name or gender in the ID documents, these rules and processes vary from state to state. The new rules laid down a process that is to be followed to change one’s name in the ID documents. The process demands an existing ID document in one’s given name and assigned gender.
Process for name change
There are two options to change your legal name and gender change in India. One is to prepare an affidavit and notarize it, the get it published in the newspaper advertisements i.e. your intent to change name, and finally notifying the same in the national/state gazette.
The second method is new and it is provided under the Transgender Act and rules that were made effective from 25th September 2020. It broadly provides the name change procedure in India.
One has to submit an application in the prescribed format to the ‘District Magistrate in person or by post till online facilities are developed by the State Government concerned’.
Step 1: Once the application is submitted, it shall be verified by the District Magistrate and then a certificate of identity and a transgender identity card will be issued to the applicant. State governments need to maintain a register to issue the certificate of identity and the transgender ID. Based on the transgender identity card, one can change name and gender to transgender on other ID documents including Aadhaar, Pan Card, etc
Step 2: To change one’s gender within the binary of male or female, one has to undergo another application with a certificate from a medical practitioner.
Name change documentation in India
Use the Transgender ID card for the purpose of changing your name, photograph and gender on legal documents including the Aadhaar card, Pan card, passport, etc. as provided in the rules.
Name change in documents
1. Voter ID
Changing Voter ID Details
To change your name and gender you have to fill in and submit Form-8 (Form to correct the name entered in the electoral roll). Tick mark the appropriate box in part (e) and mention the correct details in the given space. Do carry along with you Transgender ID card and the copy of the Central/State gazette where your name change is published. This can be submitted online at the National Voter’s Service Portal, or you may post it to the Electoral Registration Officer (ERO)/ Assistant Electoral Registration Officer (AERO) at your voter centre.
New Voter ID
Fill Form-6 (Form to include your name in electoral roll). In the options you can choose ‘male’, ‘female’, or ‘third gender’. Refer to this link to apply for a new Voter ID.
2. Aadhaar Card
Changing Aadhaar Card Details
You can change your name and gender online by visiting UIDAI Portal or your may do so by visiting nearest enrolment centre. To change your name you have to upload Transgender ID Card, select "Legal name change certificate" option on the Aadhaar Form.
Applying for New Aadhaar Card
You have to go personally to an Aadhaar Enrolment Centre, and this cannot be done online. Applying for a new aadhaar card is a free of cost procedure. After filing the complete enrolment form, you have to submit one copy of each ID proof with photo, address, and date of birth.
3. PAN Card
Updation of PAN Card Details
Once you have a copy of a new or updated Aadhaar card then you can opt for e-KYC and then select paperless PAN Card Update Process.
Applying for New PAN Card
The Government of India has introduced the category of transgender persons in PAN card application Forms. You may go to the online portal and may also apply online.
An Inspirational Example
Naaz Joshi who was born on 31st December 1984 in New Delhi, India and she is the first transgender international beauty queen of India, she is also a trans rights activist and a motivational speaker. The journey to attain an identity was not easy for her as in the year 1984 the concept of ‘third gender’ was totally new. But she faced all challenges and attained her own identity.
Conclusion
It is definitely challenging for transgender persons to change their name in the ID proofs as we have seen above. However, with passage of time the process has become easier as the Government of India has introduced ‘third gender option’ at portals and forms.
FAQ's
Q1: What rules are framed to change names under Transgender Act?
Ans: The name of the rule is the Transgender Persons (Protection of Rights) Rules, 2020.
Q2: What is the name of the National Portal?
Ans: The name of the portal is National Portal for Transgender Persons
Q3: When was Portal launched and how can it be accessed?
Ans: The portal was launched on 25.11.2020 and it can be assessed through https://transgender.dosje.gov.in/.
Q4: What are the details of the National Portal for Transgender Person?
Ans: The National Portal assists the transgender persons to apply for a Certificate and ID Card online/ digitally across India. This portal has provided easy procedure for name change and documents updation of transgender persons.
Q5: What are the benefits of the National Portal for Transgender?
Ans: The portal helps a transgender person to get the Certificate of ID without any physical presence and without visiting any office. On the portal, the status of the application can be monitored and it ensures a transparent procedure.
This article was written by Shivangi Dubey, an extremely established lawyer. Shivangi Dubey holds a BSL-LLB degree from ILS Pune & also is a gold medalist in LLM-Business laws from Amity University. With 12 years of experience in the law domain, she has established herself as an expert in her field. Presently, Shivangi works as an Advocate at the Directorate of Enforcement (ED), Government of India. Her expertise as well as insights have considerably added to the content of this article.
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