Driving License for LGBTQ+ Persons

A Driving License (DL) is an official document, issued in the form of a card, by the Regional Transport Office (RTO) or Regional Transport Authority (RTA) of each State, under the Ministry of Road Transport and Highways, which permits you to drive one or more types of vehicles, such as a motorcycle, car, etc. on a public road.

New Driving License 

You can register for a new Driving License after 30 days¹ and within 180 days (6 months)(( Section 14 (1), The Motor Vehicles Act, 1988.)) of the issuance of the Learner’s License. To understand how to get a new Driving License, read here. 

• 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 Driving License, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Driving 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.

Updating / Changing/ Renewing Driving Licence Details

You can update the demographic information of your Driving Licence and by doing so you will receive a newly issued card which will have updated information. Read here to understand in detail how to update Driving License details and read here to understand how to renew your driving 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 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 Driving 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 Driving 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, 15 (1), Central Motor Vehicle Rules, 1989. [↩]