Learner’s License for LGBTQ+ Persons

A Learner’s License is a temporary license which is valid for 6 months, which legally allows you to practice driving on Indian roads, as long as you are accompanied by an adult who holds a valid Driving License¹. You must be 18 years old before you apply for a DL, so you need to get your Learner’s License renewed or get a new one, as a Learner’s License is only valid for 6 months, depending on the regulations of your state, if you get your Learner’s License before you turn 18 years of age. 

New Learners License 

You need to get a Learner’s License before you can apply for a Driving License, unless you have a Driving Certificate by a State accredited driving school. To understand how to get a new Learner’s License, follow these steps: 

• Name: If you have changed your name to reflect the gender you identify with, you can fill your new name in the application form. You should carry a copy of your changed name in the Central/State Gazette and a copy of other Identification proofs which recognize your new name in case the RTO/RTA authorities require it. 
• Gender Details: While obtaining a new Learner’s License, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Learner’s Licenses are regulated state wise, sometimes there may not be an option to choose transgender and in such situations, you should:

• • Contact the RTO/RTA and ask what can be done
  • Carry proof of identity such as an affidavit which would have details such as gender that you identify with, your new name, etc.
  • Take the help of lawyers, NGOs etc.

Renewing Learner’s Licence Details

You can renew your Learner’s License, which is valid for 6 months, or obtain a new one after the date of its expiry, depending on the rules of your state. This procedure varies across states, so you should check the rules specific to your state. Read here to understand how to renew your learners license.

• Changing Your Name: If you want to update your name to reflect the gender you identify with, you can fill your new name in the renewal application form. You should carry a copy of your changed name in the Central/State gazette and a copy of other Identification Proof which recognize your new name.
• Changing Gender Details: Since Learner’s Licenses are regulated state wise, sometimes there may not be an option to choose transgender and in such situations, you should:

• • Contact the RTO/RTA and ask what can be done
  • Carry proof of identity such as an affidavit which would have details such as gender that you identify with, your new name, etc.
  • Take the help of lawyers, NGOs etc.

The RTO/RTA officials may ask you for proof of gender identity or proof of change of name, but they cannot subject you to any form of harassment or gender verification on the spot. If you face any harassment or discrimination, you should complain to the Learner’s License authorities. If these authorities do not respond, you can take help from lawyers, NGOs, etc. to make the process easier and take action by filing a complaint with the police.

1. Rule 3(b), The Central Motor Vehicles Rules, 1989[↩]