The Allahabad high court has ruled that a certificate issued by the district magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, serves as conclusive proof for changing gender in a passport. The court stated that passport authorities cannot demand further medical examinations or alterations to the birth certificate afterward. This decision came in response to a petition by Khush R Goel.
On February 10, a bench of the Allahabad high court issued a significant order strengthening rights for transgender individuals. Justices Atul Sreedharan and Siddharth Nandan ruled that a certificate of identity under Sections 5 and 6 of the Transgender Persons (Protection of Rights) Act, 2019, followed by a revised one under Section 7 after gender-affirming surgery, is binding on passport authorities.
Petitioner Khush R Goel underwent gender-affirming surgery at age 18 and began identifying as male. The district magistrate issued a certificate declaring Goel as male. However, the passport office required a fresh medical examination and changes to the birth certificate for the gender update, leading Goel to file a petition in the high court.
The court held that this requirement contradicted the act and its rules. "We find that the impugned order is in violation of the special act," the bench stated. The act aims to provide dignity, equality, and protection to transgender persons, and administrative hurdles would defeat its purpose.
The court clarified that the district magistrate's certificate resolves the matter, eliminating the need for additional documents to update official records, including passports. Enacted in 2019 after extensive debate, the act outlines a clear process for issuing gender certificates based on an affidavit, processed within 30 days without medical examination. According to the 2020 rules, the passport is among 18 official documents that can be updated using this certificate.
This ruling is expected to ease access to government services for the transgender community without extra obstacles.
