Does Transgender Persons Amendment Act Affect Persons Already Undergoing Hormone Therapy? Kerala High Court Asks Centre

The Kerala High Court on Tuesday (April 07) orally asked the Centre whether a person already undergoing a hormonal sex replacement therapy, be affected due to their alleged exclusion from the definition of 'transgender person' by virtue of the Transgender Persons (Protection Of Rights) Amendment Act, 2026.

Justice Bechu Kurian Thomas raised the query while hearing two pleas challenging the constitutional validity of the Amendment Act, which had received assent of the President on March 30 and had come into force with immediate effect.

According to one of the pleas, 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.

Senior counsel Arundhati Katju appearing for the Petitioner-transwoman explained that 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.

Katju submitted that the Petitioner was receiving hormone therapy. However, post amendment, their treatment has been banned by the hospital.

"Is that being stopped by virtue of the amendment? How is that?" the judge orally inquired.

The counsel responded, "Because the definition excludes me from the definition of transgender persons. There are people who are getting medical attention. But because of the change in the definition of transgender, the institutions which were earlier providing me medical treatment by way of hormonal therapy...Now the private medical institution is declining to provide it to him. It is like a sudden shock to the system."

The Court at this juncture inquired if there is any material to show that the Petitioner was already undergoing a therapy. The counsel responded that Petitioner has a Transgender ID card.

Justice Bechu then turned to the Additional Solicitor General appearing for the government and asked,

"Can a person who is already undergoing therapy, a hormonal sex replacement therapy be affected by virtue of the change?"

The Judge suggested that instead of staying the provision, as prayed for in the form of interim relief, the Court could probably grant benefit individually to the petitioner. "There cannot be a stay of statute. There is a presumption of constitutionality of a statute," the judge had orally remarked.

The ASG responded that there is no fault in the amended provision and what the Petitioner is facing is a "practical issue", which can be dealt with separately.

"Please get instructions. Maybe there is a reason why this change has been brought in," the Judge then remarked and listed the case for hearing on Friday (April 10). The Court further clarified that it has merely asked the ASG to get instructions and not issued notice yet.

The petitioner has prayed for a declaration that the impugned Act, in particular Section 2(k) and other related provisions, are unconstitutional, being violative of Articles 13(2), 14, 15, 19, and 21 of the Constitution of India; and that the right to self-identification of gender is a fundamental right under Articles 14, 19, and 21 of the Constitution.

Further, it is also prayed that the Court may direct the to frame inclusive policies ensuring access to education, employment, healthcare, housing, and social security for all transgender persons, including transmen, transwomen, and non- binary individuals as well as to recognize and uphold the self-identification of gender without imposing medical or bureaucratic barriers.

The petition is moved by Advocate Padma Lakshmy.