Centre moves Supreme Court to transfer all pleas against Transgender Law from High Courts

The Centre moved the Supreme Court seeking transfer and consolidation of all petitions challenging the Transgender Persons (Protection of Rights) (Amendment) Act, 2026, pending before various high courts across the country.

Solicitor General Tushar Mehta mentioned the matter before a bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, requesting urgent listing of the transfer petitions on Friday.

“We have filed transfer petitions to bring the challenges against the Transgender Amendment Act to this Court,” the Solicitor General submitted before the bench.

Mehta argued that since multiple high courts are hearing petitions related to the law, there was a possibility of conflicting judicial opinions and divergent rulings regarding the constitutional validity of the legislation.

“If the petitions are listed on Friday and notice is issued, we can request the high courts to defer their proceedings,” he told the court.

However, Chief Justice Surya Kant appeared cautious about immediately transferring all matters to the apex court. The CJI observed that the Supreme Court often benefits from the legal reasoning and views expressed by high courts in constitutional matters.

“Sometimes we can have the advantage of a high court view as well,” the Chief Justice remarked during the hearing.

The Transgender Persons (Protection of Rights) (Amendment) Act, 2026, has triggered widespread criticism from members of the LGBTQ+ community and human rights activists.

One of the key concerns raised by petitioners is the reported removal of the principle of self-identification of gender, which had earlier been recognised by the Supreme Court in its landmark NALSA judgment.

According to the petitions, the amended law allegedly introduces medical or administrative requirements for gender recognition, which critics argue violates the constitutional rights to dignity, privacy and bodily autonomy.

Earlier this month, the Supreme Court had already issued notice to the Centre on separate petitions filed directly before it challenging the constitutional validity of the amended legislation.