Delhi High Court Seeks Centre's Response On PIL Challenging Transgender Persons Amendment Act 2026

The Delhi High Court on Wednesday issued notice on a public interest litigation challenging various provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which received the assent of the President on March 30.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of the Union Government and listed the matter for hearing on July 22.

The plea has been filed by one Chandresh Jain, contending that the Amendment fundamentally alters framework recognized by the Supreme Court in NALSA ruling, by introducing medical and administrative verification of gender identity, thereby replacing self-determination with state-controlled certification.

For context, Section 2(k) of the principal statute defined Transgender as a person whose gender does not match with the gender assigned to that person at birth, whether or not such person has undergone Sex Reassignment Surgery or hormone therapy.

However, the amended definition excludes transexual persons and non-binary individuals who identify on the basis of self-perceived gender identity without medical intervention.

As per Jain, the shift violates constitutional guarantees under Articles 14, 19(1)(a), and 21 of the Constitution of India and amounts to a “legislative rollback” of a fundamental right already recognised by the Supreme Court.

“The Amendment has serious practical consequences, as legal recognition of gender identity directly affects access to identity documents, welfare entitlements, and protection under criminal law, thereby creating a real and immediate risk of exclusion and denial of justice,” the plea states.

It challenges Sections 2(aa), 2(k), 4(2), 6, 7, 18(e) and 18(f) of the Transgender Persons (Protection of Rights) Act, 2019, as amended or substituted by the 2026 Amendment Act, as unconstitutional and void.

A declaration is sought that the right of transgender persons to determine their gender identity based on self-perception forms an integral component of the fundamental rights guaranteed under Articles 14, 19 and 21.

A further declaration is sought that any legislative or executive action that subjects the determination of gender identity to intrusive state verification violates the constitutional guarantees of dignity, autonomy and privacy.

A direction is sought that all police authorities and investigative agencies across the country must ensure that complaints made by transgender persons are registered and investigated without requiring verification of gender identity under the impugned amendment.

Jain has also sought that transgender persons should not be denied protection under criminal laws on the ground of lack of administrative certification of gender identity.

Title: Chandresh Jain v. Union of India & Ors