DM’s cert proof of gender for passport: HC

Prayagraj: The Allahabad high court, while dealing with plea of a woman who became a man by gender surgery, has held that a certificate issued by the district magistrate under section 7 of the Transgender Persons (Protection of Rights) Act, 2019, acts as conclusive proof of gender/identity for the issuance of a passport, reports Rajesh Kumar Pandey.Giving this ruling, a bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that the passport authority cannot demand a fresh medical examination or changes to the birth certificate for any changes in a passport. The court by its order dated Feb 10 disposed of a petition filed by one Khush R Goel challenging the order dated Jun 23, 2025 passed by the passport authorities whereby it had directed the petitioner, who was demanding change of gender in passport, to undergo a fresh medical examination from a clinic of their panel. The petitioner, who was born as a female but later realised that he was a transgender person and after attaining majority, petitioner underwent gender change surgery and became a male.The petitioner then approached the district magistrate to issue a certificate which entitles the holder to change name and gender in all official documents of the holder. However, when the petitioner asked the passport authority to change his gender, the passport authorities asked the petitioner to undergo a fresh medical examination at a clinic of their panel.The court emphasised 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 certificate (issued by the DM) entitles the holder to update their details in all official documents. The court further noted that the certificate of the DM gives a quietus to the controversy in the case and there is no requirement for the petitioner to produce any further documents before the passport authorities.