Centre moves SC seeking transfer of pending petitions challenging Transgender Amendment Act, 2026

New Delhi: The Centre on Wednesday moved the Supreme Court seeking consolidation and transfer of all pending petitions challenging the Transgender Persons (Protection of Rights) (Amendment) Act, 2026, from various High Courts to the apex court.

The Supreme Court had earlier this month sought the Centre’s response on separate petitions filed directly before it questioning the constitutional validity of the amended law.

Solicitor General Tushar Mehta mentioned the transfer petitions before a bench headed by Chief Justice of India Surya Kant and urged the court to list them on Friday.

“We have filed transfer petitions to bring the challenges against the Transgender Amendment Act to this court,” Mehta submitted.

He argued that with multiple High Courts seized of the matter, there was a risk of divergent views and conflicting rulings on a central legislation. 

The government, he said, would request the High Courts to defer proceedings if the Supreme Court issues notice. The bench, however, appeared reluctant to accord urgent listing. 

Chief Justice Surya Kant observed that the apex court often benefits from the “foundational legal reasoning” provided by High Courts.

“Sometimes we can have the advantage of a High Court view as well,” the CJI remarked.

Mehta pressed for urgent listing, following which the Chief Justice said he would examine the request.

The Transgender Persons (Protection of Rights) (Amendment) Act, 2026, has faced sharp criticism from human rights activists and the LGBTQ+ community. 

The main point of contention is the deletion of the provision for self-identification of gender, which was recognised by the Supreme Court in its landmark 2014 NALSA judgment.