The Supreme Court has sought the Union government’s response to a petition challenging the constitutional validity of the proviso to Section 2(k) of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which allegedly narrows the statutory definition of a “transgender person.”
A Bench of the Court issued notice to the Centre after hearing the petition, which argues that the amendment is inconsistent with the Supreme Court’s landmark ruling in National Legal Services Authority (NALSA) v. Union of India that recognised an individual’s right to self-identify their gender.
According to the petitioner, the impugned proviso excludes persons who identify solely on the basis of their self-perceived gender identity from the protection of the legislation. It is argued that the amendment departs from the original intent of the Act by limiting legal recognition to specified categories, thereby excluding a section of the transgender community.
The plea contends that the amendment infringes fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Constitution. It submits that denying legal recognition based on self-identified gender violates the rights to equality, dignity, autonomy, privacy, freedom of expression and protection against discrimination.
The petitioner has further argued that the amendment effectively overrides the principles laid down in the NALSA judgment, wherein the Supreme Court held that gender identity is an integral part of an individual’s personality and that every person has the right to determine their own gender identity without external validation.
It has also been contended that the amended provision undermines the objective of the Transgender Persons (Protection of Rights) Act by depriving several transgender persons of statutory protection solely because they do not fall within the revised definition.
After taking note of the submissions, the Supreme Court issued notice to the Union government and sought its response. The Court did not grant any interim relief and directed that the matter be listed for further consideration after the Centre files its reply.
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