Karnataka HC favours two transwomen in Bengaluru, says can continue Hormone Replacement Therapy

Abrupt discontinuation of treatment may have adverse effects
HC
Karnataka High Court(File Photo | Express)
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BENGALURU: The Karnataka High Court permitted the continuation of Hormone Replacement Therapy (HRT) for two transgender persons at a hospital in the city.

The treatment had been discontinued after the Transgender Persons (Protection of Rights) Act was notified by the central government on March 30, 2026. Justice Sachin Shankar Magadum passed the order after hearing two separate petitions filed by the transgender persons, challenging the validity of the amendment.

“The petitioners shall be permitted to continue their hormone replacement therapy as per the existing medical protocol. The concerned doctors and medical authorities shall facilitate the continuation of such treatment without interruption.

The continuation of treatment shall, however, be subject to the outcome of the present writ petition and any orders that may be passed by the Supreme Court, including in any transfer proceedings initiated by the Union of India,” the court said.

The petitioners contended that they are transgenders identifying as women. They are before the court aggrieved by the amended definition of Section 2(k) through which they were allegedly excluded from the ambit of the statutory definition, denying them HRT, which they were undergoing at a private hospital since November 2023, they contended.

They stated that despite being mid-way through treatment, the doctors are now unwilling to continue the therapy. Denial of treatment infringes their fundamental rights guaranteed under Articles 14, 15, 16, 19 and 21, they said.

The additional solicitor general submitted that no material was placed on record to demonstrate that the authorities have initiated or proposed coercive action restraining such treatment.

The validity of the amendment is at present sub-judice before the Supreme Court and the Centre is contemplating filing an application seeking transfer of all similar petitions pending before various high courts. This court may refrain from granting any interim relief, he argued.

The court noted that the medical records produced by the petitioners prima facie indicate that both petitioners have been undergoing HRT since November 11, 2023. It cannot be disputed that the abrupt discontinuation of such treatment may have adverse and detrimental consequences on their physical and mental well-being.

Pending adjudication of the larger issues, limited interim protection is required to be extended to the petitioners to ensure that ongoing medical treatment is not disrupted, it noted.

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