The Karnataka High Court has issued a directive for the continuation of hormone replacement therapy (HRT) for two transgender individuals who had challenged the validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The petitioners, who are midway through their prescribed treatment, alleged that attending doctors were unwilling to proceed with the therapy, causing significant distress and potential health risks.
Petitioners' Claims
The petitioners argued that the amendment act violates their fundamental rights, including the right to health and equality under Articles 14 and 21 of the Constitution. They further contended that the abrupt discontinuation of HRT could lead to severe physical and psychological complications. The court, acknowledging the urgency, directed the medical authorities to ensure uninterrupted treatment until the next hearing.
Court's Intervention
Justice B. M. Shyam Prasad, presiding over the case, emphasized the importance of medical continuity and the state's obligation to protect the health of transgender individuals. The court observed that denying treatment midway would cause irreversible harm, and thus ordered the doctors to comply with the prescribed therapy regimen. The matter is scheduled for further hearing next week.
Background
The Transgender Persons (Protection of Rights) Amendment Act, 2026, has been a subject of controversy, with activists claiming it curtails the rights of the transgender community. The petitioners in this case are among several individuals who have approached the judiciary seeking relief from what they perceive as discriminatory provisions. The high court's interim order is seen as a significant step in safeguarding healthcare access for transgender persons.
Legal experts have noted that this ruling could set a precedent for similar cases across the country. The court has also asked the state government to file a detailed response on the challenges posed by the amended act. Meanwhile, the petitioners' counsel expressed satisfaction with the order, stating that it affirms the right to medical care without discrimination.
