Transgender identity cards issued before 2026 amendment to remain valid: Centre tells Supreme Court

The Central government on Monday assured the Supreme Court that transgender identity cards issued before the 2026 amendment to the Transgender Persons (Protection of Rights) Act will continue to remain operational.

A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of pleas challenging the constitutional validity of the 2026 amendment.

The assurance by the Centre was made after the Court had earlier sought clarity on the status of transgender persons who had already obtained identity cards under the 2019 law, as well as those who were in the process of obtaining such documents.

“It was indicated to us that where there is a transgender card, it will be preserved. Some submissions are coming from the Bar that without a transgender card, identity documents have been changed. This has to be considered,” noted Justice Bagchi.

The Court also agreed to examine cases where transgender identity cards were allegedly cancelled or replaced following the amendment.

It will also consider the position of persons whose applications were pending when the amended law came into force.

The issue arose from an application filed in the case of one Ankani Biswas, who moved the Court against the 2026 amendment.

The application, filed on August 10, said that Biswas was issued a transgender identity card under the 2019 Act on February 2, 2023. However, upon accessing the National Portal for Transgender Persons on July 16, 2026, Biswas allegedly found that the earlier card had been removed and replaced with a new card containing several errors.

According to the application, the new card did not carry an official signature, seal or digital authentication and recorded Biswas’s earlier birth name instead of the name adopted subsequently.

It also allegedly contained discrepancies in the date of application and date of birth. The application claimed that the replacement was carried out without prior notice or an opportunity to be heard.

The application further stated that the 2023 card had been relied upon to make corresponding changes to the petitioner’s name and gender in other official records.

The plea sought restoration of the earlier card and a direction that transgender identity cards issued under the 2019 Act remain unaffected.

Today, the Court sought responses on this application concerning the alleged cancellation of the petitioner’s existing transgender identity card and issuance of a new card containing errors.

During the hearing, Solicitor General Tushar Mehta said the questions surrounding recognition of transgender identity had to be considered alongside various statutory provisions.

“It is becoming difficult to relate it with several statutory provisions. Today I am a man, I may say tomorrow I am a woman...” he submitted.

Senior Advocate Arundhati Katju responded that gender identity could not be understood in such terms.

"It is not framed in that manner because it does not happen overnight," Katju stated.

Senior Advocate Anand Grover also flagged the status of transgender identity cards issued by State governments pursuant to the Supreme Court’s directions in NALSA v Union of India, and not under the 2019 Act.

Referring to cards issued in Tamil Nadu, he submitted that these too should be preserved.

CJI Kant, taking note of these, said the Court would consider the submission.

Solicitor General Mehta then sought four weeks’ time for final disposal of the matter.

CJI Kant agreed to list the case thereafter.

[Read Live Coverage]