Change in transgender law cannot cancel rights already given, Supreme Court tells Centre
· Scroll
The Supreme Court on Monday verbally clarified to the Union government that the 2026 amendments to the Transgender Persons Protection of Rights Act will not retrospectively or by default invalidate transgender cards issued to members of the community under the previous legislation, The Hindu reported.
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The amendments to the 2019 Act, cleared by Parliament in March, redefine who qualifies as a transgender person. They remove transgender persons’ right to a self-perceived gender identity. They also limit the scope of the law to those with certain biological or physiological characteristics, intersex variations, or specific socio-cultural identities such as kinner, hijra, aravani and jogta.
The law makes medical evaluation and certification mandatory for legal gender recognition. It underlines that the authority to permit such transitions is vested in medical professionals operating under a medical board.
On Monday, petitioners against the amendments, who include members of the transgender community and activists, contended that the amendments give the government complete power to determine gender identity, The Hindu reported. Transgender cards issued by the government cannot be invalidated as they are an essential identity document, the petitioners said.
The counsel representing one of the petitioners sought an interim order for the government to maintain the status quo.
Justice Joymalya Bagchi said that the court was concerned about the community’s rights and verbally stated...