Plea in Supreme Court challenges 2026 Transgender Rights Amendment, says it causes ‘irreparable constitutional injury’

A petition has been filed in the Supreme Court, challenging the constitutionality of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The amendment was passed by Parliament recently, and received the assent of President Draupadi Murmu, taking away the right to self-determination of gender.

The amendment bill provides graded punishment for bodily harm to transgender persons.

The law ministry notification dated March 30 had mentioned that the Transgender Persons (Protection of Rights) Amendment Act, 2026 will come into effect on a date appointed by the Central government.

While the amendment was being debated, the Union government had said that the objective of the amended bill was to protect the transgender persons.

The Opposition had, however, criticised the government, saying the legislation was taking away the right of self-determination of identity of gay and lesbian individuals; it said the legislation excluded gay and lesbians.

The Opposition had also demanded the amendments be sent to a standing committee for consultations.

Several members participated in the debate, including Amar Pal Maurya (BJP), Renuka Chowdhury (Congress), Fauziya Khan (NCP-SP), Manoj Kumar Jha (RJD), Saket Gokhale (TMC) and Tiruchi Siva (DMK). Some members pressed for sending the bill to the select committee.

The bill seeks to give a precise definition of the term "transgender" and exclude "different sexual orientations and self-perceived sexual identities" from the ambit of the proposed law.

It underlines that a transgender person "shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities."

"The intent, object and purpose of the act is and was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature. The purpose was and is not to protect each and every class of persons with various gender identities, self-perceived sex/gender identities or gender fluidities," the bill says.

What Opposition said

Aam Aadmi Party (AAP) MP Swati Maliwal said that gender equality must be addressed as she raised concerns regarding a provision in the bill that criminalises alluring someone to present as transgender. She said it could target families, doctors, and the support systems of the transgender community.

"Instead of protection, we may create outright fear. Today, we must stand up with those pushed to the margins for centuries. We must send this bill to the select committee and hold larger consultations because dignity delayed is dignity denied," she said.

CPI (M) MP John Brittas urged the government to refer the bill to a select or standing committee, while Samajwadi Party (SP) MP Jaya Bachchan requested that it be withdrawn. She said it must be reintroduced after consideration in the Monsoon session for further discussion.

Opposing the bill, IUML's Abdul Wahab called for the government to submit the bill for deliberation to a select committee.

NCP-SCP leader Fauzia Khan and SS-UBT's Rajya Sabha member Priyanka Chaturvedi similarly pressed for the bill to be sent to a select committee.

DMK MP Tiruchi Siva called for consultations with stakeholders, legal experts, civil society and the transgender community, along with a review by a select committee.

RJD MP Manoj Kumar Jha urged the government not to amend the self-identification norm in the existing law, as it will further burden the already overburdened bureaucracy, besides posing other challenges.

(With agency inputs)