The Union government informed the Supreme Court on Monday that individuals holding transgender identity cards issued under the 2019 law will continue to enjoy the benefits associated with these cards. This decision remains in effect until the Supreme Court rules on the constitutional validity of the new law regarding transgender identity cards.
Supreme Court Reviews Transgender Rights Legislation
The Supreme Court has declined to extend interim protection to individuals currently in the process of obtaining transgender cards or those whose cards have been cancelled. The court stated that it could not issue a blanket order while it assesses the validity of the amended Transgender Persons (Protection of Rights) Amendment Act, 2026.
This decision is part of a broader examination of petitions challenging the constitutional validity of the new law. Critics argue that the amendment undermines the principle of self-identification of gender, a right established in the Supreme Court’s landmark 2014 NALSA judgment. The court emphasized its awareness of the need to avoid any interim order that might prejudge the ongoing constitutional challenge.
