In a significant move, the Central Government has informed the Supreme Court that a 'certificate of identity' issued by the district magistrate under the Transgender Persons (Protection of Rights) Act, 2019, will now be accepted as valid documentation for applying for a PAN card.
This decision follows a petition by Reshma Prasad, a social activist from Bihar, who sought the creation of a separate third-gender category on PAN cards to enable transgender individuals to link their PAN with Aadhaar and obtain an accurate identity proof.
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah noted that the Union government has, in principle, accepted the request and may consider formalizing it in the rules to provide further clarity. The bench acknowledged the Centre's supportive stance on the matter and stated that the government has largely agreed to the demands raised in the petition, including the acceptance of the certificate issued under Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019.
Sections 6 and 7 of the Act pertain to the issuance of identity certificates and the recognition of gender changes. The Supreme Court was hearing the 2018 petition filed by Prasad, who had encountered difficulties in linking her PAN with Aadhaar due to the absence of a 'third gender' option on the PAN card, despite such an option being available on Aadhaar.
Prasad, who had initially enrolled for PAN in 2012 under the male gender category, had been receiving tax returns for the years 2015-16 and 2016-17 in that category. However, after the Supreme Court's landmark verdict, the Aadhaar system began including a third-gender category, allowing Prasad to register as transgender in her Aadhaar record. Her petition emphasized the need for similar recognition on PAN cards to ensure accurate and consistent identity documentation for transgender individuals.