The Allahabad High Court ruled that a District Magistrate’s certificate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 is conclusive proof of gender identity for passport issuance, and authorities cannot demand medical tests or birth certificate changes.
PRAYAGRAJ: The Allahabad High Court has ruled that a certificate issued by a district magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 serves as conclusive evidence of a person’s for passport issuance purposes.
A division bench consisting of Justice Atul Sreedharan and Justice Siddharth Nandan stated that the passport authority “cannot insist on a fresh medical examination” or “seek changes in the birth certificate” to update the gender on a passport.
This ruling was issued while addressing a petition filed by Khush R Goel, who challenged a June 23, 2025, directive from the passport authorities to undergo a new medical evaluation at a designated clinic for changing his gender on the passport.
According to the petition, Goel was born female but later identified as a transgender individual. Upon reaching adulthood, he underwent gender reassignment surgery and transitioned to male. He subsequently obtained a certificate from the district magistrate under the 2019 Act, which allows the holder to amend their name and gender in all official documents.
However, when Goel sought to rectify the gender on his passport, the authorities insisted on another medical examination.
The bench highlighted that Clause 5 of the district magistrate’s certificate explicitly allows the holder to update their name and gender in all official records. It concluded that once such a certificate has been issued, the passport authorities have no grounds to demand additional medical evaluations or documents.
The court observed that the petitioner had adhered to the statutory framework, and the district magistrate had issued an updated identity certificate reflecting his gender as male. It stated that the passport authority’s demand for a fresh medical examination from an approved clinic was inconsistent with the provisions of the act and its associated rules.
The high court noted,
“We find that the impugned order is in violation of the special act and the certification issued under the special act. In this regard, the statement of objects and reasons of the said act reveal in clause (F) that no establishment shall discriminate against transgender persons in the matter relating to employment, recruitment, promotion and other related issues,”
The bench emphasized that such a requirement had no legal basis, as the statute already provides a comprehensive mechanism for recognizing gender identity. Once the district magistrate issues a revised certificate after proper verification, no further medical evaluation can be demanded by another authority.
Furthermore, the court clarified that “official documents” mentioned in the certificate include a passport, which is a sovereign function of the State. Consequently, the passport authority could not force the petitioner to amend his birth certificate or present additional documents beyond those required by the special statute.
Reinforcing the intent behind the 2019 law, the court noted that Parliament enacted this statute to combat the social exclusion experienced by transgender individuals and to uphold their dignity and equal rights, ensuring they are not forced to conceal their identities against their inherent nature.
The court asserted that the district magistrate’s certificate “gives a quietus to the controversy,” ultimately dismissing the petition and nullifying the requirement for further medical examination.
Rules under the Transgender Persons (Protection of Rights) Act
Passed after thorough deliberations in 2019, the Transgender Persons (Protection of Rights) Act establishes clear protocols for issuing gender certificates. The act allows a transgender individual to apply to the district magistrate for a certificate supported by an affidavit declaring their gender. Such applications must be processed within 30 days.
The district magistrate, subject to the accuracy of the details provided by the applicant, processes applications based on the affidavit declaring gender identity in Form 2, without requiring medical or physical examination, and subsequently issues an identification number that can be used as proof of application.
For altering gender in the certificate, the procedure has also been simplified.
The rules state.
“If a transgender person undergoes medical intervention towards a gender affirming procedure, either as a male or female, such person may apply in Form 1, along with a certificate issued by the medical superintendent or chief medical officer of the medical institution where the intervention was carried out, to the district magistrate for the issuance of a revised identity certificate,”
The rules further specify.
“The certificate of identity issued… shall entitle the applicant to record or change their gender, as well as photograph and name, if necessary, in all official documents listed in Annexure 1, in accordance with the gender specified in the identity certificate as male or female, as applicable,”
A passport is among the 18 documents that can be updated based on the district magistrate’s certificate, as outlined in the rules.
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