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
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
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.