What is the process for declaring one’s desired sex in India?

In India, the rights of transgender persons are governed by the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020. Under the Rules, an application to declare gender is to be made to the District Magistrate. Parents can also make an application on behalf of their child. A much-criticized previous draft of regulations required transgender persons to go through a medical examination for declaring their desired sex. This requirement was omitted in the final Rules, which state that the District Magistrate will “subject to the correctness of the applicant’s particulars, get the application processed based on the affidavit submitted declaring the gender identity of any person, without any medical or physical examination, and thereafter, issue an identification number to the applicant, which may be quoted as proof of application.”

As per the Rules, state governments have also been directed to constitute welfare boards for transgender persons to protect their rights and interests, and facilitate access to schemes and welfare measures framed by the Centre.