PIL before Supreme Court flags impact of transgender law on biological women, seeks safeguards

The Supreme Court on Wednesday sought the Central government's response to a petition raising concerns over the impact of India's transgender rights legislation on statutory protections and benefits earmarked for women.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice in the petition filed by a women's group, the Women's Declaration International India (WDII).

The petition raises concerns that the Transgender Persons (Protection of Rights) Act, as amended in 2026, could affect women's reservations, gender-based prison accommodation arrangements, participation in sporting competitions and safeguards available to women during criminal investigations.

The Court yesterday noted that there already petitions pending before it on the validity of the 2026 amendment to the Transgender Persons (Protection of Rights) Act.

Notably, these petitions allege that the changes introduced by the 2026 amendment, including its changes to the recognition of transgender identity, violate the rights of transgender persons.

"There is already a batch of petitions. Repeated petitions actually defeat your cause because the Solicitor General will now be called upon to respond to another petition. The batch listed today is almost ready for hearing," Justice Bagchi remarked yesterday, addressing the WDII's counsel.

Representing WDII, Senior Advocate Amit Sibal highlighted that the latest plea is the only petition brought by a women's organisation, and that the issues raised are unique.

"Our concern is the impact on constitutional and statutory benefits exclusive to biological females. Those protections must remain and cannot be interfered with. Transgender persons must have equal rights and privileges, but the question is whether those rights can encroach upon protections reserved for biological women," he submitted.

Sibal added that nobody opposed the right to identify as transgender. He said the question of whether transgender persons should get separate reservations in panchayats or claim those provided for women had not been raised in the other petitions.

CJI Kant observed that the petitioner may have a point. A challenge to the vires of certain provisions of the transgender rights protection law was already sub judice, and the latest plea would add another angle of argument, he noted.

"You are showing light from the other end of the tunnel," the CJI remarked.

Solicitor General Tushar Mehta said that the Centre's reply in the connected matters was being prepared and that he would address the concerns raised in WDII's plea as well.

Mehta also took note of the issues raised in the latest plea, concerning how the transgender protection law could impact participation in women's sporting events, prison arrangements, and access to women's toilets.

"A woman cannot be arrested after sunset. Suppose a man accused of a crime says he has always identified himself as a woman. How would the police react?" he said.

The matter has been tagged with the pending petitions challenging the validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.

[Live Coverage]