The Supreme Court on Monday issued notice on petitions filed by the Central government seeking transfer of cases pending before various High Courts challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The Vacation Bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohana sought response from the respondents, who were petitioners before different High Courts, and ordered that proceedings pending before the High Courts shall remain stayed for the time being.
The Bench observed that it may either transfer all the petitions to itself for adjudication or consolidate them before a single High Court to avoid conflicting judicial pronouncements. The transfer petitions concern matters pending before the High Courts of Rajasthan, Karnataka, Kerala and Delhi.
Appearing for the Union government, Solicitor General Tushar Mehta submitted that the constitutional challenges raised issues connected to the Supreme Court’s 2014 decision in National Legal Services Authority (NALSA) v. Union of India. He urged the Court to consider placing the matter before a larger Bench, if the cases were transferred to the Apex Court.
Mehta submitted that in light of the landmark NALSA ruling, the Court should issue notice. He further noted his intention to persuade the Bench to refer the matter to a larger, three-judge panel, observing that High Courts would be constrained by the existing precedent.
The Court also briefly heard Dr. Chandresh Jain, one of the petitioners before the Delhi High Court, challenging the amendment. Jain argued that the 2026 amendment undermined the principles laid down in the NALSA judgment, which recognised self-identification of gender as a fundamental right protected under the Constitution. He further contended that several provisions introduced through the amendment lacked any scientific or medical basis and were therefore unconstitutional.
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