The Supreme Court of India today declined to grant an interim stay on the recently enacted Transgender Persons (Protection of Rights) Amendment Act, 2026, dealing a procedural setback to petitioners challenging its constitutional validity. A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued formal notices to the Union government and various states and Union Territories, directing them to file their responses within six weeks. The court has decided to refer the batch of petitions, which argue that the new law dismantles the fundamental right to self-identification of gender established in the landmark 2014 NALSA judgment, to a three-judge bench for a detailed examination. During the proceedings, Senior Advocate A.M. Singhvi, appearing for the petitioners, contended that the 2026 amendment forces a restrictive, medicalized framework that undermines the dignity and bodily autonomy of transgender individuals by moving away from the principle of self-determination. However, the bench made it clear that there was “no question of granting an interim order” at this stage, noting that the Act has not yet been formally notified or enforced by the government. Chief Justice Surya Kant also raised broader judicial queries regarding whether an unregulated self-identification model could be susceptible to misuse for availing welfare benefits, a concern the petitioners countered by emphasizing the lack of reservation frameworks for the community. As the matter moves to a larger bench, the legal battle continues to center on whether the legislature can override the judicial principles of gender autonomy established in the NALSA verdict.
