The Supreme Court has stayed further proceedings in high courts challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
A bench comprising Chief Justice of India Surya Kant and Justice V Mohana issued notice on the Union government's plea seeking transfer of all such cases to the apex court.
The Centre argued that identical constitutional questions arising from the 2026 amendment are already pending before the Supreme Court and should be adjudicated by a single forum.
The matter has been posted for hearing in July.
The amendment has triggered litigation across the country over allegations that it dismantles the principle of self-identification of gender recognised by the Supreme Court in its landmark judgment in National Legal Services Authority Vs Union of India (2014).
The petitioners contend that the amendment replaces the earlier self-identification framework with a more restrictive regime dependent on medical conditions, state certification, and specified socio-cultural identities.
The challenge also targets provisions requiring certification processes involving governmental authorities and medical scrutiny, which the petitioners argue reintroduce the very form of 'medical gatekeeping' expressly rejected by the Supreme Court in NALSA.
