Centre Confirms Recognition of Transgender Identity Certificates as Valid Document for PAN Applications

In a significant development for transgender rights in India, the Centre has confirmed to the Supreme Court that ‘Certificates of Identity’ issued under the Transgender Persons (Protection of Rights) Act, 2019 (Transgender Identity Certificates) will now be recognised as valid documents for obtaining Permanent Account Number (PAN). The announcement was made during a hearing by a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah.

The Union of India has indicated in-principle consent to this effect and is considering formally incorporating these provisions in the regulatory framework to ensure clarity and ease of application. “During the pendency of this petition, the Union of India has been very cooperative, and has largely acceded to all the demands raised, including the acceptance of Certificates of Identity issued by the District Magistrate under Sections 6 and 7 of the Act,” the bench said.

Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act focus on the issuance of Certificates of Identity and amendment of gender specifications, providing legal recognition and assistance to persons undergoing gender transition.

This judicial dialogue was part of a larger case brought in 2018 by Reshma Prasad, a transgender social activist from Bihar, who faced difficulties in linking her PAN to her Aadhaar due to discrepancies in gender identity options. Prasad, who had initially registered her PAN under the male category and later updated her Aadhaar to reflect her transgender identity, highlighted the need for a ‘third gender’ option on PAN cards to facilitate accurate and respectful identification.