A Division Bench of the Rajasthan High Court has sought responses from the Union Secretary for Social Justice and Empowerment and the Union Law Secretary, asking why certain provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026 should not be repealed for allegedly being contrary to the interests of the transgender community. The bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta passed the order while hearing a public interest litigation filed by the Nayi Bhor organisation.
The petition contended that the Central Government has amended key provisions of the Transgender Persons (Protection of Rights) Act, 2019, and that the amendment, which came into force this year, undermines the rights of transgender persons. It argued that the Supreme Court in the NALSA judgment recognised the right of individuals to self-identify as transman or transwoman. A similar safeguard was also available under the earlier law.
However, the amendment introduces a provision requiring a medical board, headed by the Chief Medical Officer of the concerned district, to conduct a medical examination of a transgender person and submit a report to the local magistrate. Based on this report, the magistrate would issue a certificate determining the individual’s gender identity. The plea argues that this requirement effectively removes the right to self-perceived gender identity and compels transgender persons to accept an identity determined through certification.
