Allahabad HC Upholds Dignity of Transgender Persons in Passport Gender Change Case: No Fresh Medical Exam Required for Passport Gender Update
The Allahabad High Court has clearly stated that passport authorities cannot insist on a fresh medical examination when a transgender person applies to update their gender details in a passport, if a valid gender change certificate has already been issued by the District Magistrate.
The decision came in the case of Khush R Goel v. Union of India & Others.
What Was the Issue?
The petitioner was born female but later underwent gender reassignment surgery and transitioned to male.
After completing the legal process under the Transgender Persons (Protection of Rights) Act, 2019, he obtained a gender change certificate from the District Magistrate under:
- Section 7 of the Act
- Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020
Despite this, the passport authorities asked him to undergo another medical examination from a clinic on their approved panel before updating the gender details in his passport.
The petitioner challenged this requirement before the High Court.
What Did the Court Say?
A Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan ruled in favour of the petitioner.
The Court observed that:
- The Transgender Persons Act is a special law enacted to protect the dignity and rights of transgender persons.
- Once the District Magistrate issues a gender change certificate, it is legally valid.
- The certificate allows the individual to update their name and gender in all official documents.
The Court made it clear that a passport is also an “official document” under the law.
Therefore, asking for a fresh medical examination has no legal basis and goes against the spirit of the 2019 Act.
Key Legal Reasoning
The Court explained that:
- The Act empowers the District Magistrate to issue gender recognition certificates.
- Once issued, the certificate is sufficient proof of identity and gender.
- Passport authorities cannot demand additional documents or tests.
The Bench emphasised that the purpose of the law is to ensure dignity, equality, and protection for transgender persons. They should not be forced to repeatedly prove their identity.
The Court directed passport authorities to update the petitioner’s passport based on the existing documents, without asking for any further medical examination.
Why This Judgment Is Important
This ruling strengthens the rights of transgender persons in India by:
- Preventing unnecessary harassment through repeated medical checks.
- Upholding the authority of the District Magistrate’s certificate.
- Reinforcing the dignity and legal recognition guaranteed under the 2019 Act.
- Ensuring smoother access to identity documents like passports.
The judgment is another step toward ensuring that transgender persons are treated with respect and equality in administrative processes.
