The Supreme Court on Monday issued a notice to the Union government on a petition challenging the constitutional validity of the Transgender Persons (Amendment) Act, 2026. The bench, while hearing arguments from senior advocate A M Singhvi on behalf of the petitioners, raised concerns about the potential misuse of self-identification provisions.
Court Raises Concerns Over Self-Identification
During the hearing, the bench questioned whether allowing self-identification would not pose a danger and enable individuals masquerading as transgender persons to avail benefits meant for the community. The court sought the government's response within four weeks.
Petitioners' Arguments
Senior advocate A M Singhvi argued that the amendment violates fundamental rights under Articles 14, 15, and 21 of the Constitution. He contended that the self-identification model lacks safeguards to prevent fraud and could dilute the rights of genuine transgender individuals.
Background of the Act
The Transgender Persons (Amendment) Act, 2026, introduced changes to the original 2019 law, including simplified procedures for identity recognition. Critics argue that the amendments undermine the community's rights by failing to address issues like discrimination, violence, and access to healthcare.
The Supreme Court's notice marks a significant step in the legal scrutiny of the law. The next hearing is scheduled for June 2026.
