What is the legal procedure of changing the gender in India?
Here is the step-by-step procedure of doing the gender change in India-
Creating the gender change affidavit
Once you have decided to undergo gender transformation, the first step is to prepare an affidavit declaring the change of gender and name (if required). The affidavit must adhere to the format as prescribed by the Department of Publication. It has to state your name, address, father’s name, age, and gender. It is to be noted that all the details mentioned in the affidavit should be the same as mentioned in the supporting identity proof document. The affidavit must be printed on a stamp paper and should be notarized.
The second step is to place an advertisement in a leading newspaper in the city you live (as per your supporting document of address proof). The advertisement can be placed in a regional or national newspaper. The content of the newspaper advertisement should be the same as mentioned in the affidavit.
In this step, the duly signed application has to be filed along with mandatory documents (please refer to the next section to know the documentation criteria). The prescribed government fees should also be paid at the time of filing. A gazette is nothing but an official magazine published by the Government and every State and the Central Government may have their own version of gazettes. You can notify in any of the gazettes but some Govt. institutions may insist on a notification in the Central Govt. Gazette. Usually, public notices or advertisements from private individuals are published in Part IV of the Central Govt. Gazette.
After submission of the application, the department will review the application of the gender change notification. After the necessary approval, the same will be published in the Government e-Gazette. It might take up to 45-60 business days for the gender change notification to appear in the e-Gazette. The weekly Gazette is usually published every Saturday. One can download it from the official website
Once it is published, the applicant receives a copy of the gazette via email and a printout of the same can be taken. It is to be noted that the department does not issue any physical certificate. A copy of this notification will serve as proof of gender change and can be enclosed with all the government documents as proof. With this, you can also incorporate the required changes in your Voter Card, Aadhar Card, PAN Card, and so on.
Rejection of gender change Application
There are some instances where the department might reject the application if any of the prescribed procedures and formats are not followed. In case the gender change application is rejected, a fresh application has to be filed with the department. It is advisable to seek the assistance of a legal expert to ensure that there are no mistakes and all the legal requirements are complied with.
Documents required for gender change male to female application
- Self-attested copies of ID proof (Aadhar/Voter ID/Passport)
- Two self-attested passport size photographs
- A newspaper publication in which the gender-change of the person has been announced.
- A specimen proforma duly signed by the applicant and two major witnesses.
- A declaration stating that the contents in the application are true.
- A letter of request and the registration fee, to the authority.
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