Supreme Court Stays HC Proceedings In Pleas Challenging Transgender Amendment Act 2026; Issues Notice On Centre's Transfer Petition

The Supreme Court on Monday (June 15) issued notice on the petitions filed by the Central Government seeking to transfer the petitions filed in various High Courts challenging the Transgender Persons Protection of Rights (Amendment) Act 2026.

A partial working days bench comprising Chief Justice of India Surya Kant and Justice V Mohana, while issuing notice to the respondents (petitioners in the High Courts), also ordered that the proceedings in the High Courts will remain stayed.

The bench indicated that it might transfer the petitions to the Supreme Court or consolidate them and assign them to any particular High Court.

The petitions have been filed seeking the transfer of petitions pending in Rajasthan, Karnataka, Kerala and Delhi High Courts.

Solicitor General of India Tushar Mehta, appearing for the Union, requested that the petitions, if transferred to the Supreme Court,  be placed before a 3-judge bench, since the 2014 judgment in the NALSA case, upon which reliance is placed on the petitioners challenging the 2026 amendment, is rendered by a 2-judge bench. "There is one judgement of NALSA, so kindly issue notice I can persuade your lordships to put it before a three judgement. High courts may find a difficult to take a view contrary to that," SG submitted.

The bench also briefly heard Dr. Chandresh Jain, a petitioner in the Delhi High Court. Dr Jain contended that the 2016 amendment was unconstitutional for undermining the 2014 NALSA judgment which recognised self identification of gender as a fundamental right. He contended that the amendment has no medical basis as well.

Case : UNION OF INDIA v. NAI BHOR SANSTHA AND ANR. | T.P.(C) No. 1686-1692/2026