Rajasthan High Court Issues Notice To Centre On Plea Challenging Transgender Persons Amendment Act, 2026
The Rajasthan High Court has issued notice to the Central government on a petition challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petition is filed by Nai Bhor Sanstha, a non-profit organization that claims to be Rajasthan's first LGBTQ community based organization. The NGO claims to be working towards the rights and social development of Transgender and...
The Rajasthan High Court has issued notice to the Central government on a petition challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The petition is filed by Nai Bhor Sanstha, a non-profit organization that claims to be Rajasthan's first LGBTQ community based organization.
The NGO claims to be working towards the rights and social development of Transgender and LGBTQ community, for last 20 years.
The plea states that the Act takes away the right of self-perceived gender identity, contending it to be against the Supreme Court decision in NALSA v Union of India that recognized the right to self-perceived gender identities to the transgender community.
For context, ection 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.
The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta has listed the matter after 4 weeks.
Title: Nai Bhor Sanstha v Union of India and Anr.
Counsel for Petitioner: Mr. Mitul Jain
Counsel for Respondents: Mr. Bharat Vyas, ASG through VC assisted by Mr. Devesh Yadav, CGPC & Ms. Anima Chaturvedi & Mr. Vaibhav Bhansali through VC