New Delhi, May 27: The Indian government has requested the Supreme Court to transfer petitions pending in various High Courts that challenge the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
Solicitor General Tushar Mehta presented the government’s transfer plea before Chief Justice D.Y. Chandrachud. He noted that multiple petitions challenging the amended law are currently pending in different High Courts, which could lead to conflicting judgments.
“We have applied for the transfer of petitions related to the Transgender Amendment Act to this court. Can this transfer plea be listed for Friday? If notice is issued, we can request the High Courts to stay the hearings,” he stated.
In response, Chief Justice Chandrachud remarked that differing opinions from High Courts can sometimes be beneficial. He indicated that having varied perspectives can be advantageous and assured that the Supreme Court would consider the urgent hearing of this matter.
This situation arises as several petitions challenging the constitutional validity of the amended law have been filed in various High Courts and the Supreme Court. Earlier this month, the Supreme Court issued a notice regarding a petition challenging the amended law and directed that the matter be presented before a bench of three judges, to be constituted by the Chief Justice.
The bench, which includes Chief Justice Chandrachud and Justice Joymalya Bagchi, has sought responses from the central government, states, and union territories. The petition alleges that the amended provisions violate the fundamental rights of transgender individuals.
The petition asserts that this amendment undermines the principle of ‘self-identification’ recognized in the Supreme Court’s landmark NALSA judgment and introduces medical certification and state-controlled verification processes.
The Delhi High Court has already issued a notice to the central government regarding a public interest petition challenging the amended Act.
The petition claims that this law violates Articles 14, 19(1)(a), and 21 of the Constitution, as it subjects gender identity to official scrutiny rather than recognizing it as self-declared.
Similar petitions are also pending in the High Courts of Rajasthan, Kerala, and Karnataka. The Rajasthan High Court has sought a response from the government regarding a petition filed by an NGO named ‘Nayi Bhor Sanstha.’
In Karnataka, two transgender women have filed a petition stating that the new law does not recognize the right to self-identification. The Kerala High Court is also examining whether the amended law limits the definition of transgender individuals and whether the requirement for medical testing for identity verification is justified.
Leave a Comment