Supreme Court to Hear Challenges Against Transgender Rights Amendment Act on August 17

Supreme Court's Upcoming Hearing on Transgender Rights

New Delhi, August 3 - The Supreme Court announced on Monday that it will conduct a final hearing on August 17 regarding the constitutional validity of the 'Transgender Persons (Protection of Rights) Amendment Act, 2026'. The court expressed concerns about the rights of transgender individuals who had previously obtained identification cards under the earlier regulations. The bench, comprising Chief Justice of India D.Y. Chandrachud, Justice Joymalya Bagchi, and Justice V. Mohan, issued this directive.

Justice Bagchi highlighted the bench's particular concern for the rights of those transgender individuals who had already received transgender (TG) identification cards under the previous law. Senior advocate Jayna Kothari, representing one of the petitioners, noted that the government had implemented the amended law from May 25 through a gazette notification at the time the petitions were filed. She pointed out that the national portal designed for transgender individuals to obtain their identification cards is currently non-functional.

Kothari urged the bench to ensure that individuals who had previously acquired TG cards under the old law are not deprived of their existing rights. She requested that the validity of these cards be maintained until the petitions are resolved. Other petitioners, through their legal representatives, also raised concerns about the practical difficulties arising from the implementation of the amended law.

A transgender lawyer from the Madras High Court shared her struggles in finding accommodation in the city and mentioned that she is often addressed as 'male' during court proceedings. Solicitor General Tushar Mehta, representing the government, requested a week to file a response and urged the bench to proceed with the final hearing. The law officer indicated that several complex legal issues, including those related to inheritance, need to be examined.

Earlier in the day, the bench issued a notice to the government regarding a new petition from a transgender individual in Kerala, who has been fighting a legal battle against the Kerala Public Service Commission (PSC) for applying to a police sub-inspector position reserved for men. The bench accepted the arguments presented by senior advocate Anand Grover on behalf of the petitioner and linked this petition with the previously pending cases.

Previously, the bench had sought a response from the central government regarding a petition challenging the constitutional validity of Section 2(k) of the 'Transgender Persons (Protection of Rights) Amendment Act, 2026', which allegedly restricts the legal definition of 'transgender persons'.