On 15th June, 2026, multiple petitions challenging the constitutional validity of ‘Transgender Persons (Protection of Rights) Amendment Act, 2026‘ were filed before the Supreme Court. The petitioners argue that this amendment restricts transgender persons right to self-determine their identity and violates their fundamental rights. The petitions also allege that the new law requires a medical board and official verification to be able to recognize a transgender person’s identity.
Critics say this is infringing on people’s right to their own gender identity as acknowledged by the Supreme Court in its landmark 2014 ruling. They asked the Supreme Court to consolidate all the petitions challenging this law pending in different High Courts as well as to prevent that the three High Courts render divergent verdicts on the issue. The Supreme Court in response issued notices and stayed the pending proceedings in the High Courts.
The Supreme Court has not yet ruled on the law’s validity. The Court is soon to find out whether this amendment is in line with Article 14 (Right to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Personal Liberty) of the Constitution. This case is seen as a landmark and much talked about one of the legal challenges in the field of transgender rights and constitutional law in India.
– Team Lawyer Talks
