Transgender Persons Act | DM's Certificate Conclusive Proof Of Gender; Passport Authority Can't Demand Medical Test: Allahabad High Court

A bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that the Passport Authority can't demand a fresh medical examination or changes to the birth certificate for the issuance of a passport.

The Court thus disposed of a petition filed by Khush R Goel challenging the action of the passport authorities.

Briefly put, the petitioner, who was born as a female but later realised that he was a transgender person, approached the appropriate authorities under the 2019 Act.

The petitioner satisfied the requirements of Sections 5 and 6 of the Act and obtained a certificate of identity. Subsequently, upon attaining majority, the petitioner underwent gender change surgery to become a male.

Following the procedure prescribed under Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020, read with Section 7 of the 2019 Act, the petitioner obtained a revised identity card and certificate from the District Magistrate under Form-4, which explicitly recorded his gender as 'male'.

Clause 5 of this certificate categorically stated that it “entitles the holder to change name and gender in all official documents of the holder”.

However, despite having fulfilled all formalities under the Special Act, the Passport Authorities asked the petitioner to undergo a fresh medical examination at a clinic of their panel.

Furthermore, the counsel for the respondents argued before the HC that the petitioner would also be required to change his name and gender on the birth certificate so that the necessary amendments could be made to the passport.

The Bench rejected the requirements as raised by the respondents as it noted that the 2019 Act was legislated to provide an element of protection to persons who, due to circumstances beyond their control, were “born into bodies not aligned with their identities”.

The Court emphasized that the Parliament enacted this special Statute to counter the "social ostracism" faced by such individuals, ensuring they are entitled to dignity and equal rights and no longer have to hide identities contrary to their 'innate' personalities.

The Court noted that Clause 5 of the said certificate (issued by the DM) entitles the holder to update their details in all official documents.

Explaining the purview of the term "official documents", the Court noted that it includes all documents filed with the State or any entity of the State for the purpose of identity, specifically noting that the issuance of a passport is a “sovereign act on the part of the State”.