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🇮🇳 India /Culture & Society

India govt flags concerns over transgender law's impact on 169 statutes

From Hindustan Times · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • The Indian government informed the Supreme Court that the new transgender law, which allows for self-identification of gender, could make 169 statutory provisions unworkable.
  • The court is examining whether transgender individuals with identity cards issued under the previous law need interim protection to continue receiving benefits.
  • The 2026 amendment faces challenges from activists who argue it dilutes the principle of self-identification established in a 2014 Supreme Court judgment.

The Indian government has raised significant concerns in the Supreme Court, arguing that the principle of self-identification of gender under the new transgender law could render 169 statutory provisions across various laws unworkable. The government's Solicitor General, Tushar Mehta, cautioned the court against accepting an unrestricted self-identification principle.

The Supreme Court is currently considering whether transgender individuals who received identity cards under the previous legal framework should receive interim protection to continue accessing existing benefits while the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, is debated. The court has agreed to examine this issue and may issue an interim order on August 17.

I must point out that at least 169 statutory provisions across different laws will become unworkable if the argument that I am born as a man but I should be treated as a woman is accepted.

— Tushar MehtaSolicitor General Tushar Mehta, appearing for the Centre, cautioned the court against accepting an unrestricted principle of self-identification.

The 2026 amendment itself is being challenged by transgender activists and organizations. They contend that the new law dilutes the principle of self-identification, which was recognized by the Supreme Court in its landmark 2014 NALSA judgment. Senior advocate Anand Grover, representing a petitioner, argued that the amended law has fundamentally altered this right, stating, "The new law has created serious problems. I might have been born as a man but in my mind and personality, I am a woman. The new law takes away that right from me."

Further complicating the situation, senior advocate Jayna Kothari noted that the amended law came into force on May 25, and the National Portal for Transgender Persons has become non-functional. This has created immediate difficulties for the transgender community. The court has agreed to issue notice on the new petition and tag it with existing challenges.

The new law has created serious problems. I might have been born as a man but in my mind and personality, I am a woman. The new law takes away that right from me.

— Anand GroverAppearing for petitioner Anuraj M, senior advocate Anand Grover argued that the amended law had fundamentally altered the principle recognised by the court in the NALSA judgment.
DistantNews Editorial

Originally published by Hindustan Times in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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