The Supreme Court on Monday was urged to designate a writ petition filed by transgender rights activist Kalki Subramaniam challenging the Transgender Persons (Protection of Rights) Act, 2026 as the lead matter, with counsel submitting that it was the only petition instituted after the amendment Bill had come into force as an Act.
During the mentioning before the Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, Advocate Avani Bansal submitted that the petition raised issues similar to those involved in the challenge filed by transgender activist Laxmi Narayan Tripathi, but was distinct because it questioned the constitutional validity of the enacted legislation rather than the Bill.
It was further submitted that several interlocutory applications had been filed in the matter, along with a substantial body of additional material, including testimonials supporting the challenge.
“
“My Lords, we are challenging the Transgender Persons (Protection of Rights) Act. It is the same as the Laxmi matter. We are the only ones who have filed it after the Bill has come into effect as an Act, so it should be the lead petition. We have also filed additional documents and a lot of testimonials.”
The petition challenges the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, which amended the definition of “transgender person” under Section 2(k) of the 2019 Act. Petitioners contend that the amendment departs from the principle of self-identification recognised by the Supreme Court in the landmark National Legal Services Authority v. Union of India (2014) 5 SCC 438 judgment and narrows the scope of legal protection available to transgender persons.