Supreme Court Agrees To Consider Centre's Plea For Transfer Of Petitions Pending Before High Courts Challenging 2026 Transgender Act Amendment
The transfer plea was mentioned by the Solicitor General seeking transfer of cases pending before High Courts and which may be heard in first week of June.
The Supreme Court has agreed to hear the plea seeking the transfer to the Supreme Court, the Writ Petitions before various High Court, challenging the Transgender Persons Amendment Act, 2026.
The matter was mentioned by the Solicitor General, who requested the Court to list the matter on Friday, i.e. May 29, 2026, as there are various High Courts which will hear the matter during the vacations of the Supreme Court.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi said that they will consider the request to hear the matter on Friday.
Mehta said, "There are three or four High Courts where such petitions are filed. We have filed a transfer petition. In High Courts those matters will come in the first week of June. Some High Courts are reopening in the first week of June. So if the transfer petitions may be listed on Friday...as same Act is challenged before the High Court."
CJI Kant said, "It is not a small matter that it will be decided soon."
Mehta responded, "There are some interim orders being passed...even if the notice goes, then we will be able to say that the Supreme Court will adjudicate."
CJI remarked, "Sometimes we also need the opinion of the High Court."
Mehta said, "The matters are pending before four High Courts, there will be divergence of views."
Previously, the Court issued notices to the Union of India and all State Governments regarding a batch of writ petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petitions argued that the new legislation is unconstitutional and "ultra vires" as it systematically dismantles the landmark NALSA (2014) judgment by stripping away the fundamental right to self-perceived gender identity.
The Kerala High Court had passed interim orders in pleas challenging the constitutionality of the amendment, permitting the continuation of hormone therapy by transgender persons.
The petition before the Supreme Court sought direction declaring that all certificates of identity lawfully obtained by transgender persons under the Transgender Persons (Protection of Rights) Act, 2019, prior to the commencement of the Impugned Amendment Act, shall remain valid and shall not be invalidated, revoked, or rendered ineffective by any provision of the Amendment Act, and that the rights and entitlements flowing from those certificates shall continue in full force.
Furthermore, a writ of mandamus was prayed directing Respondent No. 1-Union of India to place before Parliament within a period of this Hon'ble Court may specify, comprehensive legislation in conformity with the constitutional mandate of NALSA, the Yogyakarta Principles (2006) and Yogyakarta Principles Plus 10 (2017), and international best practices, providing for: self-identification oas the sole basis for gender recognition; reservation in education and public employment; comprehensive in education and public employment; comprehensive anti-discrimination protections with proportionate penalties; marriage, civil union, adoption, and inheritance rights; and an independent statutory commission for transgender persons.