Jaipur, Apr 22 The Rajasthan High Court has sought the Centre's response on a plea challenging the provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which it claimed were detrimental to the community.
A division bench of acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta on Tuesday issued the notice to the Union secretary of social justice and empowerment and the Union law secretary while hearing a public interest litigation filed by the NGO 'Nai Bhor Sanstha'.
The petitioners contended that the recent amendments to the 2019 Act introduced regressive provisions that undermined the fundamental rights, autonomy and dignity of transpersons.
The petitioners also challenged the provisions introducing new offences with stricter punishments, alleging that these were vaguely defined and prone to misuse.
According to the petition, the 2026 amendment mandates physical examination by a medical board headed by a chief medical and health officer, followed by a report to a magistrate before the issuance of a gender identity certificate.
The petitioners argued that such requirements amounted to “medical gatekeeping” and “violated” the right to privacy and personal autonomy.
The high court has sought a formal response from the Union government on the constitutional validity of the amended provisions.
The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was passed by Parliament on March 25 and received President Droupadi Murmu's assent on March 30.
It amended the 2019 Act by removing the right to self-identify and replacing it with mandatory medical board certification to determine gender.
It removed categories such as ‘trans-man’, ‘trans-woman’, and ‘genderqueer’, while focusing on "traditional" socio-cultural identities, triggering protests by the community members.
