Supreme Court Issues Notice on Transgender Amendment Act 2026; CJI to Lead Three-Judge Bench

The Supreme Court of India on Monday issued notices to the union government, all states, and union territories on a batch of petitions challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petitions argue that the amended law undermines the right to self-determination of gender identity and violates fundamental rights guaranteed under the Constitution.

A bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, also ordered the constitution of a larger three-judge bench headed by the Chief Justice to hear the matter in detail. The court’s decision marks a significant step in examining the legal and constitutional challenges raised against the recent amendment passed by Parliament in March and receiving presidential assent on March 31.

The petitions, filed by several individuals including noted transgender activist Laxmi Narayan Tripathi and Zainab Patel, contend that the amended law removes key protections related to self-identified gender identity. They argue that the legislation introduces medical and bureaucratic requirements that undermine the principle of self-determination previously upheld by the Supreme Court.

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The challengers have claimed that the amendment violates fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. They argue that the deletion of provisions recognising self-perceived gender identity effectively reverses earlier judicial interpretations, particularly the landmark judgement in the NALSA judgement 2014, which affirmed the right of individuals to define their own gender identity without state interference.

The petitions also raise concerns about provisions that allegedly introduce criminal penalties and reduce protections for transgender persons. They argue that the changes create a legal hierarchy that fails to adequately safeguard bodily autonomy, privacy, and equality and further claim that the amendment ignores earlier directions on reservation and affirmative action for the transgender community.

The legislation has faced criticism from opposition parties and members of the LGBTQIA+ community, who allege that there was no meaningful consultation before its introduction in Parliament. Following the passage of the bill, some members of the National Council for Transgender Persons reportedly resigned in protest, highlighting growing concerns over the impact of the amended law on transgender rights and legal recognition in India.

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