Rajasthan High Court Revises Judgment on Transgender Amendment Act
Rajasthan HC revises judgment, removes remarks that new Transgender Amendment Act ‘dilutes constitutional guarantees’
The Indian Express
Image: The Indian Express
The Rajasthan High Court has revised its judgment regarding the Transgender Persons (Protection of Rights) Amendment Act, 2026, removing previous remarks that the law diluted constitutional guarantees. The court emphasized the right to self-identify gender as essential to dignity and autonomy, while directing the state to ensure compliance with existing laws.
- 01The Rajasthan High Court modified its earlier judgment on the Transgender Persons Amendment Act.
- 02Previous remarks suggesting the law diluted constitutional guarantees have been removed.
- 03The court affirmed the right to self-identify gender as a fundamental aspect of dignity and autonomy.
- 04It directed the state government to ensure compliance with existing laws when implementing policies.
- 05The ruling supports additional reservation benefits for transgender individuals in public employment.
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The Rajasthan High Court has issued a clarificatory order revising its earlier judgment on the Transgender Persons (Protection of Rights) Amendment Act, 2026. Initially, the court expressed concerns that the amendment, which replaces self-perceived gender identity with medical certification, diluted constitutional guarantees. However, in the updated judgment, these remarks were removed, and the court reaffirmed that the right to self-identify one's gender is a fundamental aspect of dignity and personal liberty under Articles 14, 15, 16, and 21 of the Indian Constitution. The court highlighted that selfhood should not be treated as a concession but as a right. Furthermore, it directed the Rajasthan government to ensure that any policy frameworks developed in response to the court's directions remain compliant with the existing legal framework as of March 30, 2026. The case arose from a petition by Ganga Kumari, a transgender woman, who sought horizontal reservation for transgender individuals in public employment. The court ruled in her favor, mandating a three percent additional weightage in marks for transgender candidates across all reservation categories until a comprehensive policy is established.
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This ruling provides significant support for transgender individuals in Rajasthan, ensuring they receive additional benefits in public employment and educational institutions.
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