The Delhi High Court has issued notice to the Central government over a PIL challenging the Transgender Amendment Act, 2026. The plea argues the law violates the right to self-identified gender and fundamental rights under the Constitution.
The Delhi High Court on Wednesday issued notice to the Central government in response to a public interest litigation (PIL) challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The amendment introduces significant changes to the existing Transgender Persons (Protection of Rights) Act, 2019.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia took up the matter and scheduled the next hearing for July 22. The Court has sought the Centre’s response on the issues raised in the petition.
The PIL has been filed by Dr Chandresh Jain, a practising advocate, who has argued that the 2026 amendment weakens and undermines the fundamental rights of transgender persons. According to the plea, the amendment takes away key protections that were earlier recognised under constitutional law and judicial precedents.
The petition specifically challenges the introduction of State-controlled processes for verification and certification of gender identity. It argues that such procedures go against the principle of self-perceived gender identity and impose unnecessary administrative and medical scrutiny.
The plea highlights that gender identity is a deeply personal matter connected to an individual’s dignity, autonomy, and privacy. It states that requiring official certification interferes with these rights and places an unfair burden on transgender individuals.
To support these arguments, the petitioner has relied on the landmark judgment of the Supreme Court of India in National Legal Services Authority v Union of India. In this case, the Supreme Court had clearly recognised the right to self-identified gender as a fundamental right protected under Articles 14, 19(1)(a), and 21 of the Constitution.
According to the petition, the 2026 amendment effectively reverses the progress made by this judgment and the original 2019 Act. It claims that instead of strengthening protections, the amendment creates new barriers for transgender persons.
The plea further argues that the amendment violates constitutional guarantees such as equality before law, freedom of expression, and the right to personal liberty. It also states that the changes are inconsistent with international human rights standards that India is expected to follow.
Another key concern raised in the petition is that the new certification requirements may limit access to essential services and rights. These include obtaining identity documents, accessing welfare schemes, and receiving legal protections. The petitioner warns that this could increase exclusion and discrimination against transgender persons.
It is also noted that similar legal challenges to the amendment are already pending before the Supreme Court of India and the Kerala High Court, indicating that the issue has nationwide importance and may require authoritative judicial determination in the near future.
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