RBI/2014-15/572
DBR.No.Leg.BC.91/09.07.005/2014-15

April 23, 2015

All Scheduled Commercial Banks
(Excluding RRBs)

Dear Sir/Madam

Rights of transgender persons – Changes in bank forms/applications etc.

It has been brought to our notice that transgender persons face difficulties in opening accounts as there is no provision for them in the account opening and other forms.

2. in this connection, banks are advised to refer to the judgement dated April 15, 2014 of the Supreme Court in the case of National Legal Services Authority v. Union of India and others [AIR 2014 SC 1863: (2014) 5 SCC 438] on treating all transgender persons as ‘third gender’. The Supreme Court, in that case, upheld transgender persons’ right to decide their self-identified gender and directed the Centre and State Government to grant legal recognition of their gender identity such as male, female or as third gender.

3. Banks are, therefore, directed to include ‘third gender’ in all forms/applications etc. prescribed by the Reserve Bank or the banks themselves, wherein any gender classification is envisaged.

Yours faithfully,

(Rajinder Kumar)
Chief General Manager