The Madras High Court has said a pending FIR cannot stop a transgender woman who underwent gender affirmation surgery from having her passport application considered in her new name. The court directed the passport officer to decide her application within four weeks, but clarified that she would need the necessary permission from the criminal court before travelling abroad while the case is pending.Justice L Victoria Gowri was hearing a petition filed by her against the regional passport officer and the police inspector seeking re-issue of her passport after changing her name following the surgery.“Mere pendency of FIR cannot be a bar to the consideration of the petitioner’s application for the issuance of a passport by the first respondent,” the court said on September 1.The case came before the high court after petitioner’s passport application remained pending because a criminal case was pending against the transgender woman. Her lawyer informed the court that the case concerned a protest seeking waiver of an agricultural loan. The police told the court that an FIR was pending against her and that the investigation was still underway. Justice L Victoria Gowri directed the passport authorities to verify Shivani’s identity, surgery and name change before deciding her application. (Image enhanced using AI)Surgery, name changeAccording to the submissions recorded in the order, the transgender woman had earlier held a passport in her original name when she was male and had travelled abroad for employment opportunities. During the intervening period, she underwent gender affirmation surgery and became a transgender woman.Following the surgery, she changed her name and got the name change gazetted through the Government of Tamil Nadu. She then applied for renewal and re-issue of her passport in her new name. However, the application was kept pending because of the criminal case.The police confirmed that the FIR was still under investigation. The high court, however, held that the mere pendency of the FIR could not by itself prevent the passport authority from considering her application.Story continues below this adPassport, foreign travel differentThe court relied on its own earlier decision involving passport renewal in a case where criminal proceedings were pending, in which the court had held that a passport authority could process a renewal application without insisting that the applicant first obtain permission from the criminal court where the case was pending.The earlier ruling made a distinction between processing a passport and travelling abroad. If the person wanted to travel overseas while the criminal case was pending, permission from the magistrate or sessions court dealing with the case would still be required.Justice Gowri followed that position in the present case. The high court did not direct the passport officer to issue the passport automatically. Instead, it directed the officer to process transgender woman’s application without insisting on an order or permission from the jurisdictional criminal court and then take a decision on the application on its own merits and in accordance with law.The regional passport officer has been directed to take an appropriate decision on the petitioner’s application within four weeks from the date of receipt of a copy of the order. The court specifically said the authority should not insist upon permission from the criminal court merely for processing the passport application.Story continues below this adThe court also did not give her permission to travel abroad, clarifying that if transgender woman intends to travel overseas, she can obtain the necessary permission from the jurisdictional criminal court before undertaking such travel.The high court also issued directions concerning the identity changes claimed by the petitioner. It said that the regional passport officer should conduct a discreet enquiry into her identity. The police were also directed to submit a specific report concerning the surgery the transgender woman underwent and the name change claimed by her.