KABIRA SAWHNEY vs GOVT OF NCT OF DELHI AND ORS.

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3823/2026 Date of Decision: 25.03.2026 IN THE MATTER OF: KABIRA SAWHNEY .....Petitioner Through: Ms. Simran Gill, Mr. Siddharth Chaudhary, Advocates. versus GOVT OF NCT OF DELHI AND ORS. .....Respondents Through: Mr Shashi Pratap Singh and Ms. Shagun Sabharwal, Advocates for R- 1. Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi, GP and Mr. Akshay Sharma, Mr. Varun Pratap Singh and Mr. Yogya Bhatia, Advocates for R-2, 3 and 6. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The instant petition is for the following reliefs:- “a) A writ in the nature of mandamus directing Respondent No. 1 to issue certificate of under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 on the basis of the GRS certificate issued by the Respondent No. 4; or; b) A writ in the nature of mandamus directing the Respondents 4,5, 6 to issue a certificate by CMO/ Medical Superintendent on the basis of the certificate issued by Respondent no. 4. Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:27.03.2026 By:PURUSHAINDRA 18:35:41 KUMAR KAURAV c) A writ in the nature of mandamus direction the Respondent no.5 not to take any coercive measure. d) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 2. The facts of the case would indicate that the only reason provided by the concerned District Magistrate, through counsel, for not furnishing a certificate to the petitioner under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 (“Act”) is that the certificate tendered by the petitioner [„Annexure P-4‟], is not in accordance with sub-section 1 of Section 7 of th