Delhi High Court seeks Central government's response on plea challenging Transgender Amendment Act

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.

Similar pleas are already pending before the Supreme Court and the Kerala High Court.