Process for Gender and Name Change in Gazette without Surgery

This document is based on the experiences in Delhi Gazette office. The best thing is that anyone can do it without help from any organisations or lawyers.

  • Two printed copies of a Self-Declaration in print. (Please type it). The format is here. The Delhi Gazette office gave us this format.
SELF DECLARATION FOR CHANGE OF NAME/GENDER
PUBLIC NOTICE
  1. I…………………….Daughter/Son/Transgender of ……………………..residing at …………….. hereby undertake that I, ………………………..want to change my name to ……………………and gender as Male/Female
  1. I, ………………..henceforth be known as ………………….S/O or D/O of ……………………..
  2. The above statement made by me is true and correct to the best of my knowledge and belief. If any legal issue arises in this regard at any stage I will be responsible for the same and, The Department of Publication will not be liable for any consequences arising therefrom.
Name and Signature
(Previous name)
Witness No. 1
Full Name:___________________________________         Signature:___________________
Address:____________________________________________________________________
Phone no./Mobile no. _________________________________________________________
Witness No. 2
Full Name:___________________________________         Signature:___________________
Address:____________________________________________________________________
Phone no./Mobile no. _________________________________________________________

 

  • Advertisement in one National Newspaper. Here is the format

 

PUBLIC NOTICE
It is for general information that I was previously known as………….., D/O of………………, R/O, ……………….and after undergoing Gender Transition therapy under the supervision of registered medical practitioner in Delhi, have changed my gender as male. I henceforth be known as…………….., S/O……………., R/O, . It is certified that I have complied with other legal requirements in the connection.

For the newspaper advertisement, many newspapers like Hindu asks for SRS certificate. There is a newspaper called Sikh Times and they charge just Rs.1500 for the advertisement.  They just need the GID letter.

  • The Self Declaration without witness signature in 2007 word format copied in a CD
  • There is a CD form which you will receive at the Gazette office.
  • GID letter or Gender Dysphoria letter from the Psychiatrist. It can be in any format.
  • Two recent passport Size photos
  • NALSA judgement
  • A photocopy of your Aadhar Card

 

The fee for Gender and Name change is Rs. 1400 which you need to pay in cash. The public notice will be published in the gazette notification after 2-3 weeks on a Saturday.

For more information, you can visit the Gazette office. The staff is helpful.

 

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About

Nazariya was formed in October 2014 by a group of queer feminist activists. Located in Delhi/NCR with a South Asian presence, Nazariya was started to sensitize the work and culture of groups and individuals that are working on issues of gender based violence, livelihoods, education and health from a LBT perspective through research & evaluations, capacity building and advocacy. We believe that queer perspective with a focus on LBT issues will help build linkages between issues of people margnalised the basis of gender and sexuality with the existing work on violence, livelihoods, education, health etc. and thereby impact the discourse on pleasure, desire, rights and entitlements.

Nazariya’s mission:

Nazariya is a queer feminist organization that believes all LBT* people have the innate capacity to understand, demand; and access their rights. The organization works towards affirming the rights of queer people (LBT) by making visible their lives and creating an enabling environment where queer lived realities is a non negotiable and informs the work and discourse of organizations and institutions.

Why LBT ?:

Nazariya works with a special focus on issues and concerns of Lesbian Bisexual Women and Trans*[1](LBT) people assigned female at birth. Lesbian Bisexual and trans* people assigned female at birth (LBTFAB)[2] face double marginalization because of their sexual orientation and their gender assigned to them at birth which is female.

For Nazariya, gender is beyond the binary of man and woman. It recognizes gender as a structure, which has different norms for people assigned female and male at birth. Nazariya consciously challenges the binary framework in its work, vision and agenda. Nazariya will ensure that this understanding of gender permeates into organisations working on gender in different capacities. Its understanding on sexuality also moves beyond violence and identities. For Nazariya, sexuality is a lens, which will help analyse institutions, issues and structures and thereby address issues of margnalisation and inclusivity in a holistic manner. 

We also conduct researches, trainings and reviews on demand.

[1] Trans* is an umbrella term for transgender people, gender queer people or people who do not confirm to notions of gender assigned to them at birth.

[2] Nazariya uses the term T*FAB because it’s a broad category of people who were assigned female gender at birth. A term like trans masculine excludes people who are genderqueer and people who do not want to exclude the feminine aspect of their identity.

 

Remarkable Judgement by Supreme Court reaffirming the rights of a trans person, Shivy

In the wake of a controversial case of illegal confinement of an adult transperson and withholding of his travel and identity documents by his family, Hon’ble Justice Siddarth Mridul of the Delhi High Court has passed a judgement withholding the rights of Shivy as a transgender in Shivani Bhat v State of NCT of Delhi and Ors on the 5th of October, 2015.

19-year-old transgender person Shivy, a citizen of India but a resident of the United States of America was illegally confined in his grandparents’ home in Agra when he came with his parents to visit them in the summer. While he was a victim of domestic abuse by his family even in his California home, on this visit to India his passport and green card were confiscated by his family and he was forced to remain in Agra under their control. Even under this duress, Shivy managed to contact queer feminist resource group Nazariya and other queer rights activists and request their help to come to a safe space in New Delhi.

Despite leaving a note informing his family that he was leaving of his own free will, his parents filed a missing person’s complaint with UP Police with the support of Delhi police, harassed, surveilled and threatened the activists who helped Shivy. Subsequently lawyers Menaka Guruswamy and Arundhati Katju, Shivy and the LGBT activists moved the Delhi High Court on September 22 seeking protection for Shivy, his friends and well wishers from harassment, intimidation and coercion, and to ask for the return of his passport and green card from his family.

In an outstanding judgment on the case dated 5th October, 2015, Hon’ble Justice Siddarth Mridul “The present petition highlights and brings to the fore the socio-economic marginalization and exclusion of those whose behavior is considered “inappropriate” by society. It clearly demonstrates that those who do not conform, render themselves vulnerable to harassment and violence not just by the Police but also by society that ridicules them. Transgenders have long lived on the fringes of society, often in poverty, ostracized severely, because of their gender identity. They have for too long had to endure public ridicule and humiliation; have been socially marginalized and excluded from society, their basic human rights have been severely denuded.

The judgement reads, “Despite the decision of the Hon’ble Supreme course in National Legal Services Authority v. Union of India and Ors: (2014) 5 SCC 438, the trauma, agony and pain, which members of the transgender community have to undergo continues unabated.

It further says, “Every human being has certain inalienable rights. This is a doctrine that is firmly enshrined in our constitution. Gender identity and Sexual orientation are fundamental to the right of self-determination, dignity and freedom of individuals. A transgender’s sense or experience of gender is integral to their core personality and sense of being. Insofar as, I understand the law, everyone has a fundamental right to be recognized in their chosen gender. This view is buttressed by the landmark decision of the Supreme Court in National Legal Services Authority (supra)”

Upholding the rights of transgender persons, the judgement also says, “There is, thus, no gainsaying the fact that transgenders enjoy basic human rights including protection from violence and discrimination. They have the right to dignity and self-determination.”

The judgement also mentioned the false FIR lodged against Unknown persons supporting and helping Shivy in the time of help. Mr. Avi Singh, Additional Standing Counsel (Crl.) assured the court that Delhi Police does not intend to take coercive steps either against Shivani or against those who offered to support her.

Despite being served notice, there was no representative from respondent No. 2 the State of Uttar Pradesh but the court has issued a direction to respondent No. 2 not to harass or illegally confine anybody from within the territorial jurisdiction of this court except in accordance with the procedure established by law.

Shivy says that he is happy with the judgement and he can continue with his life and studies in the US now.

Rituparna Borah from Nazariya says, “I am elated with the judgement as it upholds individual freedom and liberty of gender identity and sexual expression. Hope this judgement helps other people who are still struggling and facing custodial violence from family.”

Lesley Esteves, a queer rights activist who was part of Shivy’s support network, said that “I would be proud to have a son like Shivy, unlike his parents Laxminarayan Bhat and Seema Rani Bhat who abysmally failed to support him. Instead they illegally dispossessed him of his documents and confined him against his will because of their severe transphobia and utter disrespect for law. They knowingly filed a false complaint against us with UP Police alleging that he was kidnapped, despite receiving a letter from him that he was leaving of his own free will. Effectively, his abductors tried to charge others with kidnapping, in order to cut off his support system in India.  But the parents did not imagine that a court would step in to protect constitutional rights of Shivy and other queer people supporting him. They were firmly rebuked by the court today, when they were told by the judge that he would “end this bigotry today”. We are greatly encouraged by this judgment. The LGBTQIA movement will continue to fight for inalienable rights of transpersons when their families act criminally against them”.

Nazariya was formed in October 2014 by a group of queer feminist activists. Located in Delhi/NCR with a South Asian presence, Nazariya was started to sensitize the work and culture of groups and individuals that are working on issues of gender based violence, livelihoods, education and health from a LBT perspective through research & evaluations, capacity building and advocacy. We believe that queer perspective with a focus on LBT issues will help build linkages between issues of people margnalised the basis of gender and sexuality with the existing work on violence, livelihoods, education, health etc. and thereby impact the discourse on pleasure, desire, rights and entitlements.

Nazariya’s mission:

Nazariya is a queer feminist organization that believes all LBT* people have the innate capacity to understand, demand; and access their rights. The organization works towards affirming the rights of queer people (LBT) by making visible their lives and creating an enabling environment where queer lived realities is a non negotiable and informs the work and discourse of organizations and institutions.

Why LBT ?:

Nazariya works with a special focus on issues and concerns of Lesbian Bisexual Women and Trans*[1](LBT) people assigned female at birth. Lesbian Bisexual and trans* people assigned female at birth (LBTFAB)[2] face double marginalization because of their sexual orientation and their gender assigned to them at birth which is female.

For Nazariya, gender is beyond the binary of man and woman. It recognizes gender as a structure, which has different norms for people assigned female and male at birth. Nazariya consciously challenges the binary framework in its work, vision and agenda. Nazariya will ensure that this understanding of gender permeates into organisations working on gender in different capacities. Its understanding on sexuality also moves beyond violence and identities. For Nazariya, sexuality is a lens, which will help analyse institutions, issues and structures and thereby address issues of margnalisation and inclusivity in a holistic manner. 

We also conduct researches, trainings and reviews on demand.

[1] Trans* is an umbrella term for transgender people, gender queer people or people who do not confirm to notions of gender assigned to them at birth.

[2] Nazariya uses the term T*FAB because it’s a broad category of people who were assigned female gender at birth. A term like trans masculine excludes people who are genderqueer and people who do not want to exclude the feminine aspect of their identity.