A supporter of the LGBTQIA+ community holds a placard during a protest against the passage of the Transgender Persons (Protection of Rights) Amendment Bill, 2026. (File Photo | Express)
India

Centre moves Supreme Court seeking transfer of all pleas against transgender law from high courts

SG Mehta contended that several High Courts were already hearing challenges to the law, raising the likelihood of “divergent views” on the constitutional validity of a parliamentary enactment.

TNIE online desk

The Centre on Wednesday approached the Supreme Court seeking transfer of all petitions against the Transgender Persons (Protection of Rights) (Amendment) Act, 2026, pending before various High Courts to the apex court, arguing that parallel proceedings could result in conflicting verdicts.

Solicitor General Tushar Mehta mentioned the matter before a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, pressing for an urgent hearing of the transfer pleas on Friday.

"We have filed transfer petitions to bring the challenges against the Transgender Amendment Act to this Court," the Solicitor General submitted.

"If the petitions are listed on Friday and notice is issued, we can request the high courts to defer their proceedings," he added.

Mehta contended that several High Courts were already hearing challenges to the law, raising the likelihood of “divergent views” on the constitutional validity of a parliamentary enactment.

The Bench, however, appeared unconvinced about the immediacy of the request. The Chief Justice observed that opinions rendered by constitutional courts often aid the Supreme Court’s own adjudication.

"Sometimes we can have the advantage of a high court view as well," the CJI said.

When the law officer reiterated the Centre’s apprehension, the Chief Justice responded briefly, saying he “will see”.

The amendment law has triggered sharp criticism from rights advocates and sections of the LGBTQ+ community over provisions said to dilute the principle of gender self-identification recognised by the Supreme Court in its landmark NALSA ruling.

Petitioners challenging the law have argued that any requirement of medical or bureaucratic intervention for gender recognition strikes at the heart of constitutional protections guaranteeing dignity, privacy and bodily autonomy.

Earlier this month, the Supreme Court issued notice to the Union government on separate petitions instituted directly before it assailing the constitutional validity of the amended legislation.

(With inputs from PTI)

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