Centre urges SC to transfer to itself pleas against Transgender Amendment Act, 2026

New Delhi: The Centre on Wednesday urged the Supreme Court to transfer to itself petitions pending before various High Courts challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.

Solicitor General Tushar Mehta mentioned the Union government’s transfer petition before the Chief Justice of India (CJI), Surya Kant, pointing out that petitions challenging the amended law are pending before multiple High Courts, thereby raising the possibility of conflicting judgments.

“We have filed petitions to transfer the challenge to the Transgender Amendment Act here in this court. Can the transfer petition be listed on Friday? If notice also goes, we can ask High Courts to wait,” the Centre’s second-highest law officer submitted.

Responding to the request, CJI Kant observed that divergent opinions from High Courts may at times be beneficial.

“Sometimes it is better to have divergence of opinions,” the CJI remarked, while adding that the apex court would consider the request for urgent listing.

The development comes amid a series of petitions filed before different High Courts and the Supreme Court challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.

Earlier this month, the Supreme Court issued notice on a petition challenging the amended law and directed that the matter be placed before a three‑judge Bench to be constituted by the CJI, who is the Master of the Roster.

A Bench of CJI Kant and Justice Joymalya Bagchi had sought responses from the Union government, states and Union Territories (UTs) on a plea alleging that the amended provisions violate the fundamental rights of transgender persons.

The petition contended that the amendment dilutes the principle of self-identification of gender recognised by the top court in the landmark NALSA judgment and introduces a regime of medical certification and state-controlled verification of gender identity.

The Delhi High Court had earlier issued notice to the Centre on a PIL challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026.

The plea argued that the amended law infringes Articles 14, 19(1)(a) and 21 of the Constitution by subjecting gender identity to official scrutiny rather than recognising self-perceived identity.

Similar challenges are also pending before the Rajasthan, Kerala and Karnataka High Courts.

The Rajasthan High Court, while hearing a PIL filed by NGO ‘Nai Bhor Sanstha’, sought the Centre’s response on claims that the amended law undermines privacy, dignity and autonomy of transgender persons.

Before the Karnataka High Court, two transwomen have challenged the amended provisions on the grounds that they exclude persons asserting their right to self-identification from the legal definition of a “transgender person”.

The Kerala High Court is also examining pleas contending that the amended Act narrows the definition of transgender persons and mandates medical testing for identity certificates in violation of the right to self-perceived identity recognised in the NALSA judgment.

IANS