The Supreme Court has stayed further proceedings in four high courts hearing challenges to the Transgender Persons (Protection of Rights) Amendment Act, 2026. The court has issued a notice on the Union government's plea to transfer all such cases to the apex court, citing conflicting rulings on the legislation.
A bench comprising Chief Justice of India Surya Kant and Justice V Mohana passed the order, indicating a desire to centralize the litigation. The matter has been posted for hearing in July.
The constitutional challenge centers on arguments that Parliament diluted the core principle of self-identification, recognized by the Supreme Court in the NALSA judgment. Petitioners contend that the 2026 amendment replaces the earlier self-identification framework with a more restrictive regime dependent on medical conditions, state certification, and specified socio-cultural identities.
The challenge targets provisions requiring certification processes involving governmental authorities and medical scrutiny, which the petitioners argue reintroduce the very form of "medical gatekeeping" expressly rejected by the Supreme Court in NALSA.
The amendment received presidential assent on March 30 and has been challenged by at least four high courts. The Supreme Court is already hearing a batch of petitions filed by transgender activists, organisations, and community leaders.
