Transgender Persons Act: DM’s certificate conclusive proof of gender for issuance of passport, says Allahabad high court

Allahabad high court says passport authority can’t demand a fresh medical examination or changes to the birth certificate

The Allahabad high court has held that a certificate issued by the district magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, serves as conclusive proof of gender/identity for passport issuance. The high court was considering the plea of an individual who was born female, but became a man through gender surgery.

The Allahabad high court, by its order dated February 10, disposed of the petition. (FILE PHOTO)

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 any changes in a passport.

The Allahabad high court, by its order dated February 10, disposed of the petition filed by one Khush R Goel, who challenged the June 23, 2025 order passed by the passport authorities.

The passport authorities had directed the petitioner, who was demanding a change of gender in the passport, to undergo a fresh medical examination at a clinic on their panel.

After attaining the age of majority, the petitioner underwent gender change surgery and became a male.

The petitioner approached the district magistrate to issue a certificate that entitles the holder to change their name and gender in all official documents.

The court emphasised that Parliament enacted this special statute to counter “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.

The bench further noted that the DM’s certificate gives a “quietus” to the controversy in the case and the petitioner is not required to produce any further documents before the passport authorities. With this, the court disposed of the petition.