Kerala High Court To Hear Plea Challenging Transgender Persons (Protection Of Rights) Amendment Act, 2026

A plea has been moved before the Kerala High Court challenging the constitutional validity of the Transgender Persons (Protection Of Rights) Amendment Act, 2026.

Justice Bechu Kurian Thomas will hear the matter tomorrow.

The Act received asset of the President on March 30 and has come into force with immediate effect.

The plea is moved by a transwoman, who has pleaded that the impugned Act excludes transexual persons from the definition of 'transgender' and instead provides a restrictive classification as opposed to the 2019 Act, and removed recognition based solely on self-perceived gender identity.

According to the plea, the amended law excludes transmen, transwomen, and non-binary individuals who identify on the basis of self-perceived gender identity without medical intervention. The petitioner submits that this exclusion has resulted in denial of legal recognition and access to services, including healthcare and legal protection.

It is further stated that the amendment Act does not afford any protection to transgender students and the petitioner, being a transgender activist, has expressed concern about transgender students reservation scholarship, available hostel facility, etc.

According to the plea, the impugned Act also also questions certain fundamental rights, including the right to dress.

The plea further states that the Act dilutes Section 4(2) of the 2019 Act, resulting in undermining of the right to self-identification of gender as recognised by the Apex Court in the NALSA v. Union of India.

Advocate Padma Lakshmy filed the petition.

Last week, a petition was filed in the Supreme Court challenging the Act.