For years transgenders have struggled to get basic facilities and have been denied a decent lifestyle. Most of the government identity proof documents do not have the option to classify yourself as transgender.
The gender category of the applicant should be either male or female. For this very reason, transgender individuals across the country could not enroll in schools, get a job, or apply for government-issued identity proof documents.
To end this issue, the Government of India announced that going forward, transgender individuals can apply for a PAN Card and perform tax-related transactions under the "Independent" category. The form that is now being used to apply for the Permanent Account Number (PAN) has been amended to include the "Third Gender" option. According to a gazette notification that was issued on 9 April 2018, going forward, the PAN application form will have a "Transgender" option along with "Male" and "Female" options. The country appreciates this move. The other major government-issued documents, namely, Aadhaar and Voter ID, already have this option.
PAN is one of the most important financial documents that is issued by the Government of India which can be used as an identity proof across the country. It is required to perform many important activities like opening a bank account, filing your tax returns, applying for important documents like a passport, getting employment, or buying a property.
To apply for a PAN in India, an applicant has to enter his/her Aadhaar number. The Aadhaar system allows applicants to apply as transgender but the PAN application does not. As the government has made it mandatory to give Aadhaar details while applying for a PAN, transgenders who have a valid Aadhaar number find it difficult to apply for PAN as the gender details do not match. Even if there is any slight difference in the information provided in the PAN application and the UID card, the application gets rejected.
As transgenders could not link their PAN with Aadhaar, they faced problems in filing with their Income Tax Returns as an Aadhaar card is a mandatory document to file taxes. The tax department could not process their ITR claim without a valid Aadhaar number.
Moreover, having a PAN makes many things easy like applying for a gas connection, getting a loan, applying for a credit card, or opening a Public Provident Fund account.
The Central Board of Direct Taxes (CBDT) is the department that frames the rules and regulations related to tax in the country. They issued a notification under sections 139A and 295 of the Income Tax Act which clearly specifies the new procedure to apply for a PAN by an individual in the country.
The changes will be seen in Form 49A (PAN application form for Indian citizens) and Form 49AA (PAN application form for individuals not a citizen of India). Transgenders who already have an Aadhaar card can inform the tax department about the same and obtain their new PAN.
The government has added a new gender category of "Transgender" for PAN Cards. This means that individuals applying for a new PAN Card can select "Transgender" as their gender. Those who already have a PAN Card and wish to change their gender to "Transgender" can submit a change request application without the need for any supporting documents. In this article, we will discuss the procedure for updating gender to "Transgender" on a PAN Card.
To change the gender on your PAN Card to Transgender, you can use either the PAN Card application or the PAN Card data change application. Follow the steps that are mentioned below to complete the process:
Step 1 - You can submit the application to update your PAN Card gender online or offline through various modes such as any IT PAN Service Centres managed by UTIITSL, any TIN-Facilitation Centres (TIN-FCs)/PAN Centres managed by NSDL e-Gov, the Income Tax website, the UTIITSL website, or the NSDL e-Gov website.
Step 2 - Access or download the new PAN card application or changes form that includes the third gender option.
Step 3 - Complete the application in BLOCK LETTERS and BLACK INK and provide your existing PAN at the beginning. Remember that it is illegal to have more than one PAN at a time, so provide your existing PAN and surrender any additional ones.
Step 4 - To change your gender, select the box on the left-hand side of the application and choose the Transgender option.
Step 5 - Submit the PAN card change application online or offline. The processing fee for a PAN application is ₹110 (including GST), and if the PAN card needs to be dispatched outside India, an additional dispatch charge of ₹ 910 must be paid by the applicant.
Note : No additional documents or evidence are required for this application.
Transgender individuals who wish to apply for the independent category PAN Card must provide the following documents:
After obtaining an independent category PAN Card, transgender individuals can enjoy several benefits such as:
Allowing transgenders to apply for PAN is a move that is welcomed and appreciated by many. This decision is going to change the lifestyle of transgenders across the country and will make them feel heard and accepted. They can now apply for other documents using their Aadhaar and PAN.
To download their identity certificate and ID cards, transgender individuals can visit the National Portal for Transgender Persons, log in to their account, and click on the download button as provided on the screen.
If their application is delayed or rejected, they can visit the grievance portal and register the issue. This will ensure that their application is presented to the concerned authorities without any further delays.
The Transgender Persons (Protection of Rights) Act 2019 is the name of the legislation that governs the rights of transgender individuals in India. The Act was launched on January 10, 2020, and became effective on September 29, 2020.
The processing of the certificate of identity usually takes up to 30 days. You can file a grievance if you haven't received your identity certificate within this timeframe. However, it is crucial to ensure that you use a registered ID while filing the grievance.
A transgender person is required to submit a medical certificate if they are undergoing surgery to change their gender to male or female. The medical certificate must be issued by the medical institution's Chief Medical Officer (CMO) where the surgery was performed.
The National Portal for Transgender is multilingual and can be accessed in various languages, such as English, Hindi, Malayalam, Gujarati, and Bengali.
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