The Central Government on Monday told the Supreme Court that transgender identity cards which have already been issued will not be affected by the Transgender Persons (Protection of Rights) Amendment Act, 2026.

The transgender identity cards issued earlier will continue, Solicitor General of India Tushar Mehta told a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana during the hearing of a batch of petitions challenging the 2026 amendment, which took away the right to self-identification of gender.

Earlier, the Court had sought the Centre's response to the concerns raised by the petitioners that the 2026 amendment has affected the rights enjoyed by individuals who were issued transgender cards earlier. During the hearing on August 3, the Court had orally expressed that the 2026 amendment cannot affect rights which have already accrued. Today, after taking instructions from the Centre, the SG submitted that the previous transgender identity cards will continue.

The bench today recorded this submission, clarifying that it will be subject to the outcome of the petition.

Senior Advocate Jayna Kothari, appearing in one of the petitions, submitted that already cancelled transgender cards must be restored. The bench observed that it cannot file a general direction, and asked to file applications raising individual grievances. When Kothari requested that the persons who are waiting for cards after giving applications be also protected, the bench said that it will wait for the Centre's reply affidavit.

Advocate Disha Wadekar submitted that affidavits have been filed by persons whose applications for transgender cards have been stalled due to the 2026 amendment. She said that hormonal treatment of those persons has also been stopped. The bench agreed to issue notice to the Centre on their interlocutory applications, and said that it will pass orders only after examining the individual cases.

Senior Advocate Rajiv Shakdhar, for another petitioner, also backed Kothari's submission, saying that the balance of convenience was in the petitioners' favour and the benefits must not be disturbed. Justice Bagchi reiterated that the bench can only examine the issues on the basis of facts and circumstances of individual applications.

Senior Advocate Arundhati Katju submitted that the 2019 law was based on the concept of self-identification of gender, and the benefits flowing from the parent law must not be discontinued on the basis of the 2026 amendment.  

Advocate Shradha Deshmukh raised the issue that persons who are in the middle of medical treatment were facing disruption of services due to the 2026 amendment. Advocate Kanmani, a transgender advocate practising in the Madras High Court, also raised concerns over the disruption of welfare benefits and services. Senior Advocate Anand Grover submitted that some States have issued transgender cards on the basis of the 2014 NALSA judgment, and not based on the 2019 Act.

The bench stated that it will post the petitions for final hearing. It also issued notice on an application filed by one Ankani Biswas, through AoR Kakali Roy, claiming that their transgender ID card was cancelled in 2023 and a faulty card issued later in 2026. Biswas was represented by Advocate Pritthish Roy.

The Supreme Court had earlier stated the proceedings in the petitions filed in High Courts challenging the 2026 amendment, after the Centre sought their transfer to the Supreme Court.

Case : LAXMI NARAYAN TRIPATHI AND ANR. v. UNION OF INDIA AND ANR. | W.P.(C) No. 548/2026 and connected cases.

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