The Central government on Monday assured the Supreme Court that transgender identity cards issued under the 2019 law before the 2026 amendment will continue to remain valid.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a batch of petitions challenging the constitutional validity of the 2026 amendment to the Transgender Persons (Protection of Rights) Act.
The assurance came after the Supreme Court sought clarity on the status of transgender persons who had already obtained identity cards under the 2019 legislation, as well as those whose applications were pending when the amended law came into force.
Justice Joymalya Bagchi noted that the Centre had indicated that existing transgender identity cards would be preserved. The Court also took note of submissions alleging that some identity documents had been changed even where transgender identity cards were not available.
The Bench said it would examine cases in which transgender identity cards were allegedly cancelled or replaced following the amendment. It would also consider the status of applications that were pending when the amended law took effect.
The issue came up in an application filed by Ankani Biswas, who is challenging the 2026 amendment.
According to the application, Biswas was issued a transgender identity card under the 2019 Act on February 2, 2023. However, after accessing the National Portal for Transgender Persons on July 16, 2026, Biswas allegedly found that the earlier card had been removed and replaced with a new card containing several errors.
The plea stated that the new card did not carry an official signature, seal or digital authentication. It allegedly also mentioned Biswas's former birth name instead of the name subsequently adopted.
The application further alleged discrepancies in the date of application and date of birth and claimed that the replacement was made without prior notice or an opportunity to be heard.
Biswas submitted that the 2023 identity card had been used to update the name and gender details in other official records. The plea therefore sought restoration of the earlier card and a direction that transgender identity cards issued under the 2019 Act should not be affected by the amendment.
The Supreme Court sought responses from the concerned authorities on the alleged cancellation of the existing card and issuance of the replacement card.
During the hearing, Solicitor General Tushar Mehta submitted that questions concerning recognition of transgender identity would have to be examined in the context of various statutory provisions.
Senior Advocate Arundhati Katju, appearing in the matter, countered that gender identity could not be viewed as something that changes overnight.
Senior Advocate Anand Grover also raised the issue of transgender identity cards issued by State governments pursuant to the Supreme Court's directions in NALSA v. Union of India, rather than under the 2019 Act.
Referring to identity cards issued in Tamil Nadu, Grover submitted that such cards should also continue to remain protected.
Chief Justice Surya Kant said the Court would consider the submission.
The Solicitor General then sought four weeks' time for final disposal of the matter. The Chief Justice agreed to list the case thereafter.
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