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Madras High Court
Constitutional Law

Madras High Court Orders Nurses Council to Record Petitioner as Male, Without Any Trace of Transgender Description

Published: · NyayVidhan

The Madras High Court directed the Tamil Nadu Nurses and Midwives Council to correct a nurse's records to show him only as male, after he obtained a District Magistrate's certificate of change of gender under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 (paras 7-8). It held that the right to construct one's own identity is part of the right to privacy, and ordered transfer of his registration to Karnataka within eight weeks (para 8).

Madras High Court Orders Nurses Council to Record Petitioner as Male, Without Any Trace of Transgender Description
File photo: Madras High Court, Chennai Photo: Yoga Balaji Source: Wikimedia Commons Licence: CC BY 3.0

Judgment Intelligence

Petition Allowed
XXX v. The Tamil Nadu Nurses and Midwives Council & Anr.
2026:MHC:3513
W.P. No. 32460 of 2026
Court
Madras High Court
Date of Decision
18 August 2026
Bench
Justice D. Bharatha Chakravarthy
Relevant Acts & Sections
Transgender Persons (Protection of Rights) Act, 2019 — Sections 6, 7; Constitution of India — Articles 21, 226
Final Outcome

Writ petition allowed: records to be corrected, the petitioner described only as male, and the registration transferred to the Karnataka authority within eight weeks; no costs (para 8).

Source Madras High Court, decided 18.08.2026

Key holdings

  1. Section 7 gives a person who undergoes surgery the right to a revised certificate and to change official identity documents (paras 6-7).
  2. Once the District Magistrate issues the Form 4 certificate, every authority must carry out the change of gender (para 7).
  3. The right to construct one’s own identity is part of the fundamental right to privacy (para 8).
  4. Corrections must not be conveyed to other authorities, and records must not note the earlier transgender description (para 8).
  5. The Council must transfer the registration to the Karnataka authority within eight weeks of receiving the order (para 8).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The petitioner, a nurse registered with the Council, was earlier registered as a transgender person and held an identity certificate under Section 6 of the Act (para 2). After gender-affirmation surgery and a gazetted change of name, his Aadhaar, PAN and voter ID showed him as male, and on 13.03.2026 the District Magistrate issued a Form 4 certificate under Section 7 (paras 2-3). Facing a hostile work environment, he sought to move his registration to Karnataka, but the Council's verification communication still described him as a transgender man (para 3). The State said the e-mail used the description available on record (para 4).

Court's Findings

The Court set out Section 7, under which a person holding a Section 6 certificate who undergoes surgery may obtain a revised certificate from the District Magistrate and is entitled to change the name in the birth certificate and all official identity documents (para 6). A person covered by the Act thus has a right to alter gender identity, with the District Magistrate as the final certifying authority (para 7). Once the petitioner had undergone surgery, his records had changed and the Magistrate had issued the Form 4 certificate, every authority was bound to carry out the change (para 7). Relying on Justice K.S. Puttaswamy (Aadhaar), the Court held that the right to construct one's own identity falls within the fundamental right to privacy, and every authority must give effect to that right and to Section 7 (para 8). It therefore directed the Council to correct its records, digitally or by scoring out, without conveying the correction to any other authority, and to describe the petitioner purely as male in all communications and in the records sent to Karnataka (para 8).

Legal Principle

Once a District Magistrate issues a revised certificate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, every authority must record the person in the certified gender. The right to construct one's own identity is part of the right to privacy, so records should carry no note of the earlier description (paras 7-8).

Precedents Relied Upon

  1. Justice K.S. Puttaswamy (Retired) & Anr. (Aadhaar) v. Union of India & Anr. 2018 SCC OnLine SC 1642
    Relied Upon Discussed at ¶ 8

    The right to construct one’s own identity comes within the fundamental right to privacy.

NyayVidhan
Court Judgments · 3 min read
Decided: August 18, 2026 Justice D. Bharatha Chakravarthy
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