The Supreme Court on Monday stayed further proceedings before various High Courts on petitions challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The order was passed by a bench comprising Chief Justice Surya Kant and Justice V. Mohana while hearing the Centre’s plea seeking transfer of all pending petitions to the apex court.
The Centre, represented by Solicitor General Tushar Mehta, argued that since multiple High Courts were examining the validity of the same Central legislation, there was a possibility of conflicting judgments. Accepting the submission, the Supreme Court issued notice on the transfer petitions and directed that all proceedings before the High Courts remain stayed until further orders.
The Amendment Act has come under criticism from human rights groups and members of the LGBTQ+ community, who contend that it dilutes the right to self-identification of gender recognized by the Supreme Court in its landmark 2014 NALSA judgment. Petitioners argue that the amended law requires medical or administrative interventions for legal gender recognition, violating constitutional rights related to dignity, privacy, equality, and bodily autonomy.
The legislation was passed by Parliament on March 25 and received Presidential assent on March 30. While the Act introduces graded punishments for offences against transgender persons, critics maintain that certain provisions undermine protections guaranteed to the transgender community.
The Supreme Court is expected to hear the matter in detail in the coming weeks, with the outcome likely to have significant implications for transgender rights and gender recognition laws across the country.
