The Supreme Court on Monday stayed proceedings in various High Courts and issued notices to petitioners after hearing the Union government’s plea seeking transfer of multiple cases challenging the Transgender Persons (Protection of Rights) (Amendment) Act, 2026. The petitions, filed across several High Courts, question the constitutional validity of the amendment and its impact on the rights of transgender persons.

A two-judge partial working days bench comprising Chief Justice of India Surya Kant and Justice V Mohana passed the interim order while considering the Centre’s application to consolidate all pending challenges before the apex court. The court also directed that notices be issued to the respondents, who are the original petitioners in the respective High Courts, and stayed further proceedings in those courts until the matter is decided.

The Union government, represented by Solicitor General Tushar Mehta, argued that the cases pending before different High Courts should be transferred and heard together by the Supreme Court or alternatively clubbed and assigned to a single High Court for adjudication. He submitted that since the 2014 National Legal Services Authority (NALSA) judgment forms the basis of the legal challenge, the matter requires uniform consideration. Mehta also suggested that if transferred to the apex court, the case should be heard by a three-judge bench, noting that the landmark NALSA ruling was delivered by a two-judge bench.

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The petitioners, including lawyer Chandresh Jain who is appearing before the Delhi High Court, have argued that the 2026 amendment undermines the constitutional protection recognised in the NALSA judgment, which upheld the right of transgender persons to self-identify their gender as a fundamental right. They have contended that the amendment dilutes this principle and lacks a sufficient medical or scientific basis, thereby violating constitutional guarantees of equality and dignity.

The Supreme Court had earlier issued notices to the Union government, all states, and Union Territories on the batch of petitions challenging the validity of the amendment. The challenges have been filed in the Rajasthan, Karnataka, Kerala, and Delhi High Courts, among others, prompting the Centre to seek consolidation to avoid conflicting rulings across jurisdictions.

Among the petitioners are transgender rights activist Laxmi Narayan Tripathi and other members associated with the National Council for Transgender Persons (NCTP), including council member Zainab Patel. The court’s latest order marks a key procedural development in the ongoing constitutional scrutiny of the amendment, with the final determination now likely to be shaped by the Supreme Court’s decision on whether to transfer and consolidate all related petitions.

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