The Supreme Court of India is currently deliberating on a request from the Central government to centralize all legal challenges to the Transgender Persons (Protection of Rights) Amendment Act, 2026, within the Delhi High Court. This initiative aims to prevent disparate rulings from various High Courts across the country.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice V Mohana has issued notices to the petitioners involved in these challenges, seeking their responses. The Court is contemplating taking up the matter itself to avoid the emergence of “scattered opinions” from different jurisdictions.
The Central government has expressed concern over the possibility of inconsistent adjudications, as multiple petitions challenging the Amendment Act are pending in various High Courts. The government believes that consolidating these cases will ensure a uniform legal interpretation of the issues at hand.
The Transgender Persons (Protection of Rights) Amendment Act, 2026, which attained Presidential assent on March 31, introduces notable revisions to the 2019 legislation that governs the recognition and protection of transgender individuals. Key changes include a redefinition of who is considered a “transgender person” and enhanced penalties for severe violations such as coerced gender identity changes and physical harm.
Despite these amendments, the law has faced criticism from LGBTQIA+ advocates and other civil rights entities. Critics argue that the Act’s certification requirement infringes on dignity, autonomy, and privacy rights, contradicting the landmark judgment in National Legal Services Authority v. Union of India. This Supreme Court decision upheld the right to self-identify one’s gender.
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Several petitions addressing these concerns are pending not just before the Supreme Court but also in High Courts such as those in Delhi and Kerala. The Supreme Court’s involvement could potentially unify the judicial approach to these significant legal questions.
In recent developments, the Supreme Court has issued notices following the Centre’s plea to transfer all High Court challenges to the Amendment Act to the Delhi High Court. CJI Surya Kant has indicated that the Supreme Court might ultimately resolve the issue itself to maintain consistency in judicial opinions.
