The Delhi High Court on Wednesday issued notice to the Central government on a public interest litigation (PIL) petition challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026 which introduced changes to the Transgender Act of 2019.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the case will be heard next on July 22.The plea has been filed by Dr Chandresh Jain, a practising advocate, arguing that it undermines fundamental rights recognised of transgender persons.
The petition contends that the amendment dilutes the right to self-perceived gender identity by introducing State-controlled verification and certification processes. It argues that gender identity is an intrinsic aspect of dignity, autonomy, and privacy, and cannot be subjected to medical or administrative scrutiny.
Jain has relied on the Supreme Court's judgment in National Legal Services Authority v Union of India, wherein the top court affirmed the right to self-identified gender under Articles 14, 19(1)(a), and 21.As per the plea, the 2026 amendment effectively rolls back these protections originally codified in the Transgender Persons (Protection of Rights) Act, 2019.
It further argues that the amendment violates constitutional guarantees of equality, free expression, and personal liberty, while also contravening international human rights standards.
Further, the petitioner warns that certification requirements could restrict access to identity documents, welfare benefits, and legal protections, increasing the risk of exclusion and discrimination.
The Kerala High Court has also asked the Central government to clear the air on whether gender affirming surgeries and hormone therapy are barred/ halted under the recently enacted Transgender Persons (Protection of Rights) Amendment Bill, 2026.Justice Bechu Kurian Thomas asked Additional Solicitor General (ASG) P Sreekumar about how the law impacts hormone therapy.
This was after two transgender persons moved the Court challenging the law and claiming that the hospital stopped their hormone replacement therapy citing the amended law.
"Their physical and emotional health rests on this. This treatment is being stopped due to this Amendment," Senior Advocate Arundhati Katju told the Court on behalf of the petitioner.The Court then asked ASG Sreekumar whether such treatments are barred by the new law.
"Can person who is undergoing hormone therapy be affected by virtue of the change? Rather than stay of the provision, prayer can be granted individually to the petitioner. They are already in the process of sex change," the Court remarked."That is not the fault of the provision. It is a practical issue which is to be dealt with separately," the ASG replied."ASG please get instructions on this and if there is a reason why the changes have been brought in," the Bench said.The matter will be heard again on April 10.
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