Transgender Identity Certificates A Valid Document for PAN: Centre Tells Supreme Court

The Centre has informed the Supreme Court that the identity certificate issued by a district magistrate under the Transgender Persons (Protection of Rights) Act, 2019 can be treated as a valid document for applying for a PAN card.

A transgender person had told the top court that she was unable to link her PAN with Aadhaar as the PAN card has no 'third gender' option.

Source : ANI

The Centre has informed the Supreme Court that the identity certificate issued by a district magistrate under the Transgender Persons (Protection of Rights) Act, 2019 can be treated as valid documentation for applying for a PAN card.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah noted that Centre has in principle accepted this request and it may as well consider including it in the rules to bring further clarity.

The apex court had asked Centre to respond to a petition filed by one social activist Reshma Prasad, hailing from Bihar. The petition had sought a direction from the top court to Centre to create a separate third gender category option on PAN cards just like it is available for Aadhaar cards, so that transgenders can link it with Aadhaar to get an accurate identity proof.  

Prasad, who also belongs to the transgender community, had told the court that she was unable to link her PAN with Aadhaar as the PAN card has no 'third gender' option.

Prasad got a PAN in 2012 under the male category and has been getting the tax return of the year 2015-16 and 2016-2017 in the male category. After the Supreme Court verdict, which provided for the third category for transgenders, the Aadhaar system got the third category and she registered as a transgender in the Aadhaar. But, she could not do the same while linking it to PAN.

The apex court noted that the Centre has been very supportive in this matter and by and large has accepted all the demands which have been raised in the petitioner including, that the certificate to be issued under Section 6/7 of the Transgender Persons (Protection of Rights) Act, 2019 will be acceptable, if it is given by the district magistrate. These Sections deal with the issue of certificates of identity and changes in gender.