India Supreme Court hears plea on Transgender Amendment Act

The Supreme Court of India has heard a petition regarding the impact of the Transgender Persons (Protection of Rights) Amendment Act, 2026, on statutory protections for women. The plea, filed by Women’s Declaration International India, expresses concerns that the new legislation may affect existing legal safeguards intended for women.

The 2026 Amendment Act, which received presidential assent in March 2026, modifies the 2019 Act by revising the definition of a “transgender person” and removing the right to self-perceived gender identity. Under the new framework, legal recognition is tied to a certificate of identity issued by a medical authority. The Union Government has stated that these changes aim to prevent the “misuse of the benefits” provided under the previous law and to address concerns regarding trafficking and coercion.

Legal challenges to the amendment argue that the shift from self-identification to a medicalized bureaucratic procedure may contravene the 2014 NALSA judgment, which affirmed the rights of transgender persons to gender identity as a matter of dignity and autonomy. Solicitor General Tushar Mehta informed the Court that the Centre will address these concerns in its upcoming response to the pending matters.