A petition has been filed in the Supreme Court of India challenging the validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The plea questions the major changes the law brings to how transgender persons are recognised and protected in India.
The petition has been moved by Laxmi Narayan Tripathi, chairperson of the National Council for Transgender Persons, along with member Zainab Patel. Notably, the law received presidential approval on March 31.
This amendment updates the earlier Transgender Persons (Protection of Rights) Act, 2019. It changes the definition of a “transgender person” and introduces stricter punishments for offences like forcing someone to identify a certain way or causing bodily harm.
However, the law has sparked strong criticism from opposition parties and LGBTQIA+ groups. Many have said that stakeholders were not consulted before the Bill was introduced in Parliament. In protest, two members of the National Council—Kalki Subramaniam and Rituparna Neog—resigned on the day the Rajya Sabha passed the Bill.
A committee set up by the Supreme Court, led by former Delhi High Court judge Justice Asha Menon, had also urged the government to withdraw the Bill. The committee raised concerns over several provisions and asked the Ministry of Social Justice and Empowerment to rethink the law.
The biggest concern around the amendment is that it removes the idea of self-identification and instead requires medical certification. Critics say this goes against the landmark National Legal Services Authority v. Union of India ruling, where the Supreme Court had recognised a person’s right to self-identify their gender.
Even the Rajasthan High Court had earlier flagged concerns, saying the law could turn a deeply personal aspect of identity into something controlled by the State. However, the court later removed these observations.
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