The Centre has told the Supreme Court that transgender identity cards issued before the 2026 amendment to the Transgender Persons (Protection of Rights) Act will continue to remain valid, subject to the final outcome of the constitutional challenge to the amended law.
The submission was made by Solicitor General Tushar Mehta before a three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana on August 17, 2026.
The Supreme Court is hearing a batch of petitions challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which has been challenged, among other grounds, for removing the earlier statutory framework recognising self-identification of gender.
Centre Says Previously Issued Cards Will Continue
During Monday’s hearing, Solicitor General Tushar Mehta informed the Court, after obtaining instructions from the Centre, that transgender identity cards issued under the earlier framework would not be affected by the 2026 amendment.
The Bench recorded the Centre’s submission.
The clarification came after the Supreme Court had earlier raised concerns about the impact of the amended legislation on rights that had already accrued to individuals holding transgender identity cards.
The Court made it clear that the Centre’s submission would remain subject to the final outcome of the pending petitions.
Petitioners Seek Restoration of Cancelled Cards
Senior Advocate Jayna Kothari, appearing in one of the petitions, told the Court that some transgender identity cards had already been cancelled and sought their restoration.
The Bench observed that it could not issue a general direction covering every individual case and asked petitioners to file appropriate applications setting out specific grievances.
Kothari also raised concerns regarding people who had already applied for transgender identity cards but were still awaiting issuance.
The Court indicated that it would consider the issue after receiving the Centre’s response affidavit.
Petitioners Raise Concerns Over Existing Benefits
Senior Advocate Rajiv Shakdhar supported the submissions concerning existing benefits and argued that protections and benefits already available to transgender persons should not be disturbed.
The Bench, however, emphasised that individual applications and factual circumstances would need to be examined.
Senior Advocate Arundhati Katju submitted that the 2019 legislation was based on the principle of self-identification of gender and argued that benefits flowing from the earlier law should not be discontinued merely because of the 2026 amendment.
Other lawyers also raised concerns about the impact of the amendment on medical treatment and welfare services.
Concerns Over Medical Treatment and Welfare Services
Advocate Shradha Deshmukh raised the issue of people undergoing medical treatment who may face disruption in services following the amendment.
Advocate Kanmani, a transgender advocate practising before the Madras High Court, also highlighted concerns regarding the possible disruption of welfare benefits and services.
Senior Advocate Anand Grover submitted that some States had issued transgender identity cards on the basis of the Supreme Court’s 2014 judgment in NALSA v. Union of India, rather than under the 2019 legislation.
The submissions therefore raised questions about the status of persons whose recognition or benefits may have originated under different legal frameworks.
Challenge to 2026 Amendment
The petitions before the Supreme Court challenge various provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The amendment has been challenged on constitutional grounds, including allegations that it removes statutory recognition of self-perceived gender identity and alters the framework governing recognition and protection of transgender persons.
Earlier proceedings before various High Courts challenging the amendment were stayed after the Centre sought transfer of those matters to the Supreme Court.
The constitutional challenge includes arguments concerning Articles 14, 15, 19 and 21 of the Constitution and the principles recognised by the Supreme Court in its landmark National Legal Services Authority (NALSA) v. Union of India judgment.
Supreme Court to Hear Petitions Finally
The Bench indicated that the batch of petitions would be posted for final hearing.
For the moment, the Centre’s submission provides that transgender identity cards already issued will continue, although the Supreme Court expressly recorded that the position will be subject to the outcome of the constitutional challenge.
The proceedings will determine the validity and scope of the 2026 amendments and their implications for transgender persons who were recognised or received benefits under the earlier legal framework.
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Case Details
Case: Laxmi Narayan Tripathi & Anr. v. Union of India & Anr. and connected matters
W.P. (C): No. 548/2026 and connected cases
Court: Supreme Court of India
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Issue: Constitutional challenge to the Transgender Persons (Protection of Rights) Amendment Act, 2026
