New Delhi, May 27: The Centre on Wednesday moved the Supreme Court seeking consolidation and transfer of all pending challenges against the Transgender Persons (Protection of Rights) (Amendment) Act, 2026, from various High Courts to the apex court.
Solicitor General Tushar Mehta mentioned the matter before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, seeking urgent listing of the transfer petitions on Friday.
“We have filed transfer petitions to bring the challenges against the Transgender Amendment Act to this Court,” the Solicitor General submitted.
He further stated that if the petitions are listed on Friday and notice is issued, High Courts could be requested to defer their proceedings.
The Centre argued that since multiple High Courts are currently hearing the matter, there is a risk of “divergent views” and conflicting rulings on the validity of the legislation.
However, the Chief Justice of India noted that the Supreme Court often benefits from legal reasoning developed by High Courts, saying, “Sometimes we can have the advantage of a High Court view as well.”
When the submission was reiterated, the CJI responded that he would “see” the matter.
The Transgender Persons (Protection of Rights) (Amendment) Act, 2026 has faced sharp criticism from human rights activists and members of the LGBTQ+ community. The key issue is the removal of the principle of “self-identification” of gender, previously upheld by the Supreme Court in the NALSA judgment.
The amendment reportedly introduces medical or administrative requirements for gender recognition, which petitioners argue violate rights to dignity, privacy, and bodily autonomy.
Earlier this month, the Supreme Court had issued notice to the Centre on separate petitions challenging the constitutional validity of the Act.
