The Supreme Court has stayed the proceedings on writ petitions challenging the Transgender Persons Amendment Act 2026 in Rajasthan, Karnataka, Kerala and Delhi High Courts. This case is related to challenging the Transgender Persons Amendment Act 2026. Here, a demand was made to transfer the petitions filed by the Central Government in different High Courts to the Delhi High Court. During the hearing, Solicitor General Tushar Mehta said that the constitutional validity of the Centre’s law has been challenged, which is being considered by the court.
One of the petitioners present before the High Court said that my petition is the most detailed, I myself am a qualified doctor. On this the CJI said that we will definitely need your help. He said that it would be better to consider all the matters together. The CJI said that either we will hand it over to one of the High Courts, or instead of taking different opinions, we will decide on it ourselves.
‘There is no medical basis for this’
Tushar Mehta said that NALSA has a decision, so please issue notice. I can convince the honorable judges to put this matter before a bench of three judges. It may be difficult for the High Courts to form any opinion contrary to that decision. The lawyer said that there is nothing like this based on the decision of NALSA. This amendment is not only unconstitutional, but it also has no medical basis.
The bench also listened for some time to Dr. Chandresh Jain, who had filed a petition in the Delhi High Court. Dr Jain argued that the 2016 amendment is unconstitutional as it undermines the 2014 NALSA decision, which held that self-identification of gender was a fundamental right. He also said that there is no medical basis for this amendment.
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