Delhi High Court Challenges Transgender Amendment Act's Constitutionality
‘Classification is arbitrary, violates fundamental rights...’: Lawyer on Transgender Amendment Act
The Economic Times
Image: The Economic Times
The Delhi High Court has issued a notice to the Union Government regarding a public interest litigation (PIL) that questions the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petition claims the amendment undermines self-identification and violates fundamental rights, with a hearing set for July 22.
- 01The Delhi High Court is reviewing a PIL against the Transgender Amendment Act, 2026.
- 02The amendment is criticized for replacing self-identification with state-controlled certification of gender identity.
- 03The petition claims violations of Articles 14, 19, and 21 of the Indian Constitution.
- 04Concerns include potential negative impacts on access to identity documents and welfare benefits.
- 05A hearing for the case is scheduled for July 22.
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The Delhi High Court has taken notice of a public interest litigation (PIL) challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which received Presidential assent on March 30. The petitioner argues that the amendment undermines the self-identification of gender, a right established by the 2014 NALSA judgment, by introducing state-controlled certification. This change raises concerns about violations of Articles 14 (right to equality), 19 (freedom of speech), and 21 (right to life and personal liberty) of the Indian Constitution. The petition warns that the amendment could hinder access to essential identity documents, welfare benefits, and legal protections for transgender individuals. The court has scheduled a hearing for this matter on July 22.
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If the amendment is upheld, it could significantly affect transgender individuals' access to identity documents and welfare benefits.
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