The Union Government on Wednesday informed the Supreme Court that it has filed petitions seeking transfer of all cases pending before various High Courts challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
Solicitor General Tushar Mehta mentioned the matter before a Bench headed by Chief Justice of India (CJI) Surya Kant and requested that the transfer petitions be listed for hearing on Friday. The Centre submitted that multiple writ petitions challenging the amended legislation are presently pending before different High Courts across the country and that parallel adjudication could result in conflicting judicial pronouncements on identical constitutional questions.
During the proceedings, the Solicitor General informed the Court that the Centre seeks transfer of all pending petitions to the Supreme Court for authoritative adjudication under Article 139A of the Constitution. He further submitted that once notice is issued in the transfer petitions, the Union government may seek deferment of proceedings before the concerned High Courts in connected matters.
The Chief Justice, however, observed that consideration of constitutional issues by High Courts may also assist the Supreme Court by providing the benefit of reasoned views from different constitutional courts.
In response, the Solicitor General reiterated that simultaneous consideration of challenges to the 2026 Amendment Act by multiple High Courts could lead to divergent or inconsistent rulings on issues concerning gender identity, constitutional protections and statutory interpretation.
The Bench indicated that it would consider the request for listing and transfer of the petitions.
Earlier this month, the Supreme Court had issued notice on writ petitions challenging the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The amendment was primarily challenged on the ground that it allegedly diluted the principle of self-identification of gender identity recognised in prior judicial precedents and statutory protections relating to transgender persons.
The petitions raised issues concerning fundamental rights under Articles 14, 15, 19 and 21 of the Constitution, including the rights to equality, dignity, privacy, autonomy and protection against discrimination on the basis of gender identity.
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