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Supreme Court Issues Notice on PIL Challenging Transgender Persons Act and NALSA Interpretation
Articles5 min read

Supreme Court Issues Notice on PIL Challenging Transgender Persons Act and NALSA Interpretation

L

LawWorld

On October 28, 2026, the Supreme Court of India issued notice to the Centre on a Public Interest Litigation filed by Women's Declaration International India under Article 32 of the Constitution. The petition challenges Section 7 of the Transgender Persons (Protection of Rights) Act, 2019 as amended in 2026 and Rule 7 of the Transgender Persons (Protection of Rights) Rules, 2020. A Bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V. Mohana heard the matter. It ordered tagging with other pending challenges to the 2026 amendment.

Petition questions automatic access to quotas

The petition says legal recognition of gender identity should not by itself open access to constitutional and statutory protections earmarked for women. It asks whether Section 7 read with Rule 7 creates that automatic route. The challenge is narrow. It does not seek repeal of the 2019 Act as a whole. It targets the recognition framework and its link with women-specific benefits, reservations, institutions and safeguards. The case turns on what a certificate does, not on dignity or protection against discrimination.

Article 32 gives direct access to the Court for enforcement of fundamental rights. The petitioner has used that route rather than approaching a High Court first. That choice requires a prima facie question involving Part III of the Constitution. Issue of notice decides nothing on maintainability or merits. It means the Bench wanted a response from the Union. In matters of personal status, equality and affirmative action, the Court usually calls for the legislative record, the scheme of the rules and administrative practice before taking any view.

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