The Supreme Court on Monday, August 17, 2026, recorded the Centre’s assurance that transgender identity cards already issued before the 2026 amendment to the Transgender Persons (Protection of Rights) Act will continue to remain operational while the constitutional challenge to the amended law is pending.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a batch of petitions challenging the validity of the 2026 amendment. The Court had earlier sought clarity on the position of transgender persons who already held identity cards under the earlier legal framework.
Background Of The Case
The proceedings arise principally from Laxmi Narayan Tripathi v. Union of India, W.P.(C) No. 548/2026, along with connected matters challenging provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026.
The petitions raise questions concerning the statutory recognition of transgender identity, including the changes made to the earlier framework based on self-perceived gender identity. The Supreme Court had also stayed proceedings in similar challenges pending before various High Courts after the Centre sought their transfer to the apex court.
During Monday’s hearing, the Court was also apprised of individual grievances concerning transgender identity cards that were allegedly cancelled, replaced or altered after the amended law came into force.
Justice Bagchi noted that where a transgender identity card had already been issued,
“it will be preserved”, while indicating that the Court would examine complaints concerning cards allegedly cancelled or replaced.
Court’s Observation
Solicitor General Tushar Mehta, appearing for the Union Government, told the Bench that existing transgender identity cards would continue.
The Court also considered concerns relating to persons whose applications for identity cards were pending when the amended law came into force. The Bench did not extend the assurance automatically to every pending application and indicated that such individual grievances would require consideration on their own facts.
The hearing also touched upon the broader question of how transgender identity is to be legally recognised under the amended framework. The Solicitor General submitted that the issue had to be examined alongside several statutory provisions.
Decision
The Supreme Court recorded the Centre’s assurance that transgender identity cards already issued would continue to remain operational.
The larger constitutional challenge to the 2026 amendment remains pending before the Court.
Case Details:
- Case Title: Laxmi Narayan Tripathi v. Union of India & Anr. and connected matters
- Case Number: W.P.(C) No. 548/2026 and connected cases
- Judge: Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
- Decision Date: August 17, 2026
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