Court Directs Passport Authorities to Accept Valid District Magistrate Certificates for Transgender Name and Gender Changes
In a landmark judgment reinforcing the rights of transgender individuals, the Allahabad High Court has ruled that passport authorities cannot demand a fresh medical examination or additional documentation from transgender individuals who have already complied with the formalities under the Transgender Persons (Protection of Rights) Act, 2019. The court directed that a certificate issued by the District Magistrate is sufficient for changing the name and gender in official documents, including passports.
The case was brought to the court by Khush R Goel, who sought to change his name and gender on his passport after undergoing gender change surgery. The petitioner had already obtained the necessary certificate of identity as a transgender person from the District Magistrate, in accordance with Sections 5, 6, and 7 of the Transgender Persons (Protection of Rights) Act, 2019. Despite this, the passport authorities insisted on a fresh medical examination and a change of name and gender in the birth certificate.
The bench, comprising Justices Atul Sreedharan and Siddharth Nandan, emphasized that the Transgender Persons (Protection of Rights) Act, 2019, was enacted to ensure that transgender individuals are not discriminated against in matters of identity and rights. The court noted that the certification under the Act entitles the holder to change their name and gender in all official documents, including passports, without any further documentation.
The judges referred to the certificate issued under Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020, which explicitly states that the holder is entitled to change their name and gender in official documents. The court found the demand by passport authorities for additional documentation to be unjustified and ordered them to accept the existing certificate for processing the passport application.
This ruling is seen as a significant step towards ensuring dignity and equal rights for transgender persons, allowing them to live authentically without bureaucratic hindrances. The court's decision underscores the importance of the legal recognition and protection of transgender rights, aligning with the objectives of the 2019 Act to eliminate discrimination against transgender persons.
Bottom Line:
Transgender Rights - Passport authorities cannot demand fresh medical examination or additional documentation for changing name and gender if a transgender person has already complied with the formalities under the Transgender Persons (Protection of Rights) Act, 2019 and holds a valid certificate from the District Magistrate.
Statutory provision(s): Transgender Persons (Protection of Rights) Act, 2019 Sections 5, 6, and 7
Khush R Goel v. Union of India, (Allahabad)(DB) : Law Finder Doc id # 2854968
