Plea filed before Kerala High Court challenging Transgender Persons Amendment Act, 2026

A petition has been filed before the Kerala High Court challenging the recently enacted Transgender Persons (Protection of Rights) Amendment Bill, 2026.

The petition moved by a transwoman assails several provisions of the new legislation, which amended the Transgender Persons (Protection of Rights) Act, 2019, by introducing sweeping changes to the legal rights, recognition, and protection of transgender persons.

The petition argues that by removing self-identification and adding mandatory medical certification, the 2026 Act directly contradicts the principles laid down by the Supreme Court in the National Legal Services Authority (NALSA) judgment of 2014.

The petitioner also states that she has a transgender identity card and had already changed her name in gender in her pan card, ration card, aadhaar, etc. in accordance with the provisions of the 2019 Act.

She had started hormone replacement therapy and had decided to undergo gender affirming surgery as well. But due to a medical condition, she was told that surgery would be very dangerous for her.

Now, with the removal of self-identification and mandatory certification from a medical board, her identity as a transwoman is being erased, she has contended. The validity of her other ID cards is also under question now, she adds.

It is also her argument that the requirement for medical certification is also violative of the right to privacy which was held to be an intrinsic part of the right to life under Article 21 by the Supreme Court in the landmark Puttaswamy case.

The petitioner has also claimed that she was sexually assaulted under the false pretext of marriage but due to the enactment of the amendment, the police was not ready to take further action on the case.

Another issue raised by her is regarding the effect of the Act on shelter homes and support networks for transgender persons. She states that she herself had been abandoned by her parents due to her gender identitiy. Now, others who face the same situation would be left with no home or help, the petition states.

"Following the enactment, members of the transgender community are experiencing severe psychological distress, including suicidal ideation, due to fear of legal exclusion and social stigma," the petition states.

Non-inclusion of transmen and non-binary gender identities in the 2026 Act is arbitrary and violates the right to equality under Article 14 of the Constitution of India, the petition states.

On, these, among other grounds, the petitioner has sought directions to strike down various provisions of the Act, specifically Section 2(k)m which defines transgender persons, as unconstitutional.

She has also sought a declaration that the right to self-identification of gender is a fundamental right under Articles 14, 19 and 21 of the Constitution of India.

The petition was filed through advocate Padma Lakshmi.

Another petition challenging the Act is pending before the Supreme Court.