Jaipur: A division bench of the Rajasthan High Court Tuesday issued notices to the Union secretary of social justice and empowerment, Union law secretary, asking why certain provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026, should not be struck down for being contrary to the interests of the transgender community.A division bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta passed the order while hearing a public interest litigation (PIL) filed by NGO Nai Bhor Sanstha.According to the petition, the Centre recently introduced amendments to the Transgender Persons (Protection of Rights) Act, 2019, and several of the revised provisions adversely affect the rights of transgender individuals. The plea argued that the Supreme Court, in the landmark National Legal Services Authority judgment, recognised the right of transgender persons to self-identify their gender as male, female or third gender without medical intervention.However, the amended law mandates that a medical board headed by the district’s chief medical and health officer (CMHO) examine a transgender person and submit a report to the local magistrate, who then would issue a gender identity certificate. The petition contends that this requirement effectively curtails the right to self-perceived gender identity and forces individuals to depend on official certification.The plea also raised concerns that such procedures could violate the right to privacy by exposing an individual’s gender identity. Additionally, it argued that the amended provisions exclude persons who have undergone sex reassignment surgery or are undergoing hormonal therapy, thereby limiting their recognition under the law.
