Transgender identity certificate will be treated as valid documentation for PAN: Centre to SC
New Delhi: The Centre informed the Supreme Court that a "certificate of identity" issued by a district magistrate under the Transgender Persons (Protection of Rights) Act, 2019, will now be recognised as valid documentation for obtaining a PAN card. The case arose from a 2018 petition filed by Reshma Prasad, a transgender activist from Bihar, who had faced difficulties linking her PAN card with her Aadhaar due to the absence of a "third gender" option on the PAN card, unlike Aadhaar. Prasad sought a directive from the Centre to create a separate "third gender" category on PAN cards to enable transgender individuals to link their PAN with Aadhaar and obtain accurate identity proof.
The announcement was made during a hearing before a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah. The court acknowledged the Centre's agreement in principle to this request and suggested that the Union government might consider formally incorporating this provision into the rules to ensure clarity.
"During the pendency of this petition, we sought a reply from the Union of India, which has been very supportive in this matter. The government has largely accepted all the demands raised in the present petition, including the one that a certificate issued under Sections 6/7 of the Transgender Persons (Protection of Rights) Act, 2019, by the district magistrate, will be acceptable," the Supreme Court noted.
Sections 6 and 7 of the Act address the issuance of identity certificates and changes in gender.
Reshma Prasad had originally enrolled for a PAN card in 2012 under the male gender category and received tax returns for the years 2015-16 and 2016-17 as a male. However, after the Supreme Court's verdict recognising the third gender in the Aadhaar system, she registered as a transgender in Aadhaar and sought similar recognition for PAN cards.
