Supreme Court to Review Transgender Persons Amendment Act Amid Concerns Over Misuse
Supreme Court agrees to hear pleas against Transgender Persons Amendment Act
Hindustan Times
Image: Hindustan Times
The Supreme Court of India has agreed to hear challenges against the Transgender Persons (Protection of Rights) Amendment Act, 2026, citing potential misuse of self-identification for benefits. The court issued notices to the government and will examine the amendment's implications on transgender rights, particularly concerning medical evaluations and identity certification.
- 01The Supreme Court will review the constitutional validity of the 2026 amendment to the Transgender Persons Act.
- 02Concerns were raised about the potential misuse of self-identification by individuals seeking benefits.
- 03The amendment alters the definition of 'transgender person' and introduces medical evaluations for identity certification.
- 04Activists argue the amendment could exclude many transgender individuals from recognition and rights.
- 05The court has not issued interim orders as the amendment is not yet in force.
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On Monday, the Supreme Court of India agreed to examine the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed concerns over the potential misuse of self-identification for accessing benefits meant for transgender individuals. The court issued notices to the Union government and states, directing responses within six weeks. Senior advocate Abhishek Manu Singhvi argued that the amendment undermines the Supreme Court's 2014 NALSA ruling, which recognized self-identification of gender as a fundamental right. The amendment introduces a revised definition of 'transgender person' tied to specific socio-cultural identities and medically verifiable conditions, which activists claim risks excluding many individuals from recognition. Another contentious aspect is the requirement for a certificate of identity issued by a district magistrate based on a medical board's recommendation, reintroducing 'medical gatekeeping' rejected in the NALSA judgment. Concerns were also raised about the amendment's immediate impact on healthcare access, particularly hormonal therapy. The court has not issued any interim orders, noting that the amendment has yet to be notified and is not currently in force.
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The outcome of this case could significantly affect the rights and recognition of transgender individuals in India, potentially altering their access to benefits and healthcare.
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