The Supreme Court on Monday sought responses on the Central government's plea seeking transfer of all challenges to the Transgender Persons (Protection of Rights) Amendment Act, 2026 to the Delhi High Court.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohana issued notice to the petitioners who have filed challenges to the Act before various High Courts, seeking their replies.

The Bench also indicated that the Supreme Court may itself examine the matter to avoid “scattered opinion” emerging from different High Courts.

The Union government had previously argued that multiple petitions challenging the Amendment Act were currently pending before various High Courts across the country, raising the likelihood of conflicting rulings.

It, therefore, sought consolidation of proceedings to ensure uniform adjudication of the issues involved.

The Transgender Persons (Protection of Rights) Amendment Act, 2026, which received Presidential assent on March 31, introduces significant changes to the 2019 framework governing the recognition and protection of transgender persons.

It redefines who qualifies as a “transgender person,” while also strengthening penal provisions to address serious offences such as forced gender identity and bodily harm.

The Amendment has drawn criticism from LGBTQIA+ groups and other stakeholders, who argue that the certification requirement undermines dignity, autonomy and privacy. They argue it is inconsistent with the Supreme Court’s ruling in National Legal Services Authority v Union of India, which recognised the right to self-identified gender.

Multiple petitions raising these concerns are currently pending before High Courts, including the Delhi High Court and the Kerala High Court, in addition to those before the Supreme Court.

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