The Delhi High Court on Wednesday sought the Centre’s response on two petitions challenging provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which allegedly curtail the right to self-perceived gender identity.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia issued notice on pleas filed by Chandresh Jain and Lakshay Jain, directing the central government to submit its reply within six weeks.
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 was passed by Parliament on March 25 and received President Droupadi Murmu’s assent on March 30.
Petitioner Chandresh Jain said the Act "removes and dilutes" self-perceived gender identity and instead introduces a regime of State-controlled verification, certification and screening of gender identity, which violates rights to dignity, privacy and decisional autonomy under Article 21 of the Constitution.
His petition further said that the amendment Act is manifestly arbitrary and disproportionate, and it infringes Article 19(1)(a) by restricting the expression of gender identity.
Lakshya Jain's petition said that the amendment altered the existing statutory framework by replacing self-perceived gender identity with a regime of medical and administrative verification, including scrutiny by a district magistrate (DM).
His plea said that such a requirement was ex facie violative of the law laid down by the Supreme Court in National Legal Services Authority versus Union of India, which held that gender identity is a matter of self-identification and psychological identity must take precedence over biological attributes.
Chandresh Jain's plea emphasised that the apex court has already held that gender identity is an integral part of dignity, autonomy and personal liberty under Articles 14, 19(1)(a) and 21, and every individual has the right to a self-identified gender.
The case would be next heard on July 22.
(With inputs from PTI)
