Karnataka High Court Permits Continuation Of Hormone Replacement Therapy For Two Transgender Persons Challenging 2026 Amendment Act

The Karnataka High Court on Thursday [May 7] permitted two transwomen, who have challenged the Transgender Persons (Protection of Rights) Amendment Act 2026, to continue with their ongoing hormonal replacement therapy subject to the outcome of the writ petition, as an interim arrangement.The single judge bench of Justice Sachin Shankar Magadum was hearing two separate pleas, one filed by a transwoman undergoing hormonal replacement therapy for a few years and another by a transwoman undergoing hormone therapy as well as engaged in the process of changing her name and gender in official documents.The Court observed as below in its order yesterday:“The petitioner shall be permitted to continue hormone replacement therapy as per the existing medical record. However, continuation of the treatment shall remain subject to the outcome of the present writ petition and any order that may be passed by the Hon'ble Apex Court, including in any transfer proceedings initiated by the respondents.”Detailed copy of the order is awaited.The Petitioners had apprehended that with their alleged exclusion from the definition of 'transgender person' under Section 2(k) of the 2019 Act, they would not be extended the above services. The interim applications sought a direction to make available continued medical treatment [Hormone Replacement Therapy] for the petitioners despite the operation of the impugned Act.On the previous date of hearing on April 30, Additional Solicitor General Arvind Kamath, appearing for the Union, strongly opposed any interim direction, arguing that no authority had expressly stopped the first petitioner from taking hormone tablets and that the harm was merely 'anticipatory'. “No authority had called upon the first petitioner to stop some hormonal therapy. The petitioner has not told as to which authority has stopped her from taking tablets. These tablets are available in any pharmacy,” he submitted.ASG Kamath further distinguished a recent Kerala High Court order (WP 14156/2026) that permitted continuation of hormone therapy, stating that in that case, treatment was abruptly halted at a hospital. However, in the current case, only a prescription exists, he told the court.The Centre also informed the Court then that a similar matter is under the consideration of the apex court in Lakhsmi Tripathi v. Union of India, which is listed on May 4, and that the Union is filing transfer petitions before the apex court.On the other hand, Senior Advocate Jayna Kothari, appearing for the petitioners, pointed to the newly inserted Section 18(g) of the 2026 Amendment, which allegedly criminalises forcing any person to dress, present, or conduct themselves outwardly as a transgender person under certain circumstances. She argued that the very act of hormone therapy enables the petitioners to present themselves as transgender individuals.However, the doctors are now refusing to renew prescriptions due to the operation of the new provision, the senior counsel informed the court on April 30.“Section 18(g) criminalises such acts. This HRT therapy is so that I can present myself as a transgender person, which is violative of this new section. Doctors are saying they wouldn't be giving us further prescriptions... The constitutionality issue can be before the SC. But interim protection is required,” Ms. Kothari submitted, adding that the Kerala High Court had already protected that right in a similar matter with an interim order.For context, Section 2(k) of the principal statute defined Transgender as a person whose gender does not match 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 based on self-perceived gender identity without medical intervention.The pleas pray that the entire Amendment to be struck down for violating Articles 14, 15(1), 16, 19 and 21 of the Constitution.Also Read: Kerala High Court Permits 'Continuation' Of Hormone Replacement Therapy For Two Transgender Persons Challenging 2026 AmendmentCase No: WP 11652/2026 & WP 11655/2026

Karnataka High Court Permits Continuation Of Hormone Replacement Therapy For Two Transgender Persons Challenging 2026 Amendment Act

Sebin James

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