Introduction:

In a landmark decision, the Calcutta High Court, under Justice Amrita Sinha, directed the Regional Passport Office in Kolkata to consider a transgender individual’s passport application based on her valid transgender identification card. The writ petition was filed by Anuprabha Das Majumder, who had applied for a passport in 2023 but was inexplicably denied—even though she possessed a transgender ID issued in February 2022. The passport office claimed it had not been notified about the validity of transgender ID cards, leading to the denial. The High Court, however, was pointed: the passport application must be considered with full recognition of her transgender ID as valid document under the Transgender Persons (Protection of Rights) Act, 2019.

Arguments of the Petitioner (Anuprabha Das Majumder):

Anuprabha, assisted by counsel Suman Ganguly, submitted that:

• She had provided all required documents—including her transgender ID—as part of her passport application in 2023.
• The passport office erroneously dismissed her application, citing lack of notification rather than any missing documentation.
• This denial had caused her to miss three international conferences related to gender issues, affecting her professional and personal prospects.
• Under the Transgender Persons (Protection of Rights) Act, 2019, transgender ID is automatically valid official proof of identity and gender.
• Bureaucratic inertia and lack of awareness should not thwart her fundamental right to documents essential for international travel and civic life.

Arguments of the Respondent (Passport Office):

Represented by government counsel, the passport authority argued that:

• Their records did not show any valid application from her in 2023.
• Even if filed, they were awaiting clarification on whether transgender ID was legitimately acceptable.
• The passport office had not received formal notification from central authorities about the validity of transgender IDs.
• They requested more time to verify internal records and confirm their position.

Court’s Analysis and Judgment:

Upon review, Justice Sinha found:

• The passport office’s claim of non-receipt of her application was untenable, given online submission systems; their awareness of her filing process seemed negligent.
• The transgender ID card is formally issued by the Ministry of Social Justice & Empowerment, recognized under the 2019 Act, and accepted for official documents including Aadhaar, PAN, and driving license.
• Rejection on the basis of lack of notification amounted to a bureaucratic lapse that infringed on both individual rights and statutory compliance.
• The Court directed Anuprabha to reapply—even under the Tatkal scheme—and explicitly instructed the passport office to consider her transgender ID.
• It emphasized that no transgender applicant should again face this barrier and urged authorities to update internal guidance to align with statutory provisions.
• This order is a strong assertion that transgender citizens are rightful holders of identity documents and should not be obstructed by administrative insensitivity or delay.