Supreme Court Refuses Interim Stay on Transgender Act Amendment, Issues Notice

The Supreme Court of India declined to grant an interim stay on the 2026 amendment to the Transgender Persons (Protection of Rights) Act, which removes the provision for self-identification of gender.

A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and states on petitions challenging the constitutional validity of the amendment. The court said the matter would be examined by a three-judge bench but made it clear that there would be no interim relief at this stage.

The amended law mandates that a transgender identity certificate can only be issued by a district magistrate based on the recommendation of a medical board, replacing the earlier provision of self-identification.

Opposing the amendment, senior advocate A M Singhvi argued that it contradicts the landmark NALSA vs Union of India ruling, which recognised self-identification of gender as a fundamental aspect of dignity under Article 21.

During the hearing, the bench questioned whether self-identification could be misused to avail welfare benefits. The Chief Justice observed that in a large population, there could be concerns about misuse of such provisions.

However, Singhvi countered that there is no reservation framework for transgender persons and that the possibility of misuse by a few cannot justify curtailing the rights of the community at large.

Representing the Centre, Solicitor General Tushar Mehta stated that the amended provisions only penalise forced gender reassignment and aim to prevent coercive practices.

The court also noted submissions that the amendment has not yet been formally notified, raising questions about the timing of the challenge.

The case is expected to be taken up by a larger bench for detailed examination of the constitutional issues involved.