For too many Supreme Court NALSA Judgement on Transgenders Rights is still a big illusion

Santa Khurai *

The date of incident - 21st January 2014
Cause of action – Passport office, Guwahati

I went to Guwahati passport Kendra office on 21st January 2014 for applying my tatkal passport. I found that my batch number was 8 and when the security called out my number I had shown all my document. The documents were checked and allowed me to go inside for further process. I went up to the first floor and entered and found huge number of people inside.

Everyone in the room were constantly staring at me like anything however I ignore and acted as I don't see anybody in the room. I sat there for a while and after some few minutes they called out my number and people who have the same number started lining up. One lady staff instructed me go to counter number A1.

I proceed and when I reached there all the documents were shown to the staff, the person looked at me and to my documents spontaneously. He asked me all the possible question which are relevant with my personal details. The moment when he found that my gender as female, I observed some kind of anxiousness on his face. I knew he was suspecting me that I am not a woman but a man. He did a series of checking to my documents, it was like he looked to the documents and again looked at my face and listened to my vocal code. Finally he put the documents altogether in a file and advised me to wait outside for my turn.

I was waiting outside for my turn and in a while the person called out my name and I was so excited that I will be approved. He took me inside a room and found that it was APO's room. Just when I entered I heard few conversations which were carrying on between APO and the person who did my verification (First Class Judicial Magistrate Imphal East).

The conversation went on roughly like "How can I consider a person name Km. Thangjam Santa Singh as Singh stand for male gender only in Manipur. Have you done the verification clearly or not and I cannot consider this person as a female". I heard this few lines from the APO, I understand that she is not clearly aware of the SC (Supreme Court) direction.

When the conversation finished, I produced the SC direction and the gender identity change affidavit and shown it to her. I also tried to explain but she was not ready to listen to me and said that until and unless i go for total sex change and have the entire medical document I cannot go for female passport.

I said the direction clearly mentioned that if a trans-person identified as a male, female or transgender, they can go along with their own gender identity. However my request and explanations seem useless and marked as to apply normal either in male or female. She also commanded to the staff to make calls with somebody whom I didn't know who was the person but assumed that the person belong to high designation. The staff was told to enquire whether there is another gender column in the passport apart from male and female.

They sent me back to the waiting place and again called out my name and send me to another counter. It was a place where biometrics was taking place, I sat there and the staff told me that you are applying for tatkal, I replied yes. She took and opened the files and carried out my biometrics and when it was done I was told to pay Rs. 2000 as a tatkal fee. I paid the amount and received a token number W30 and told me to go ahead to counter number B.

I sat and was waiting for my turn; eventually my turn came up and proceeds to show my documents. The staff sitting there started reviewing the documents; he also did the same manner like the first staff that looked at me and again to my female documents. When he found the APO's statement "Apply in normal either in male or female" he minutely looked at it and again to me. He asked me about my occupation and I said I am a social activist. Further he continued, "means LGBT activist" and I said yes, this time I found a new statement just down to the previous one in different ink colour "Apply normal as transgender".

Subsequently, he took way the documents in the APO's room, and didn't come out for a long time. In that situation I thought there must be something wrong, thus I directly approached towards the room and went inside. They were discussing on my gender issue and also called the biometric staff inside. The biometric staff told to the APO that while my process she was bit confused and didn't see the statement. The APO advised to the staffs to conduct a new process for me and the similar process was repeated again and I was marked as transgender which I totally felt embarrassed.

The passport was also applied against my wish i.e. normal but not tatkal. However they had taken away Rs. 2000 as tatkal fee, which was not conducted. I asked to the staff to return the money back because they had applied my passport as normal. He suggested me to meet the APO and I went and met the APO and requested her to return the amount. She said it was not refundable and also ministry property.

For few people like me it is Ok somehow everything can be convinced however I am wondering and feel pity for the remaining huge population of trans-community who are facing innumerable challenges and difficulties in their daily life. If considerable department like passport department are not aware and understand clearly about the SC NALSA judgement then what is the value of the declaration and its directions? Now community are such in a situation like "A place full of cigarette where there is no fire at all".

I wanted to file case against this and had also spoken with my advocate but I cannot afford the require money. If there is anybody who can link me to a pro bono advocate I shall file this case. I am doing this not for me only but for the whole community.

Report by-
Santa Khurai
Secretary-All Manipur Nupi Maanbi Association (AMANA)