Identity certificate of transgenders valid document for PAN card application, Centre tells SC

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

The matter related to a petition filed in 2018 by Reshma Prasad, a social activist from Bihar, who also belongs to the transgender community.

Prasad sought a direction from the Supreme Court to Centre to create a separate third gender category option on PAN cards just like Aadhaar cards, so that transgenders can link it with Aadhaar to get an accurate identity proof.

In view of submissions of the central government, a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said the Union government has in principle accepted this request and it may consider incorporating it in the rules to bring clarity about the aspect of valid document for PAN card application of transgender persons.

The court had earlier sought a reply from the Centre which accepted all the demands including the one, 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.

Prasad claimed that she was unable to link her PAN with Aadhaar as the PAN card has no 'third gender' option. She had submitted that she enrolled for PAN in 2012 selecting the male gender identity category, and got tax return for years 2015-16 and 2016-2017 in the category of male.