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The Kerala High Court has asked the Union government if those currently undergoing gender affirmative care would be affected by their exclusion from the definition of ‘transgender person’ under the Transgender Persons (Protection of Rights) Amendment Act, 2026. The court was hearing petitions filed by persons who were denied gender affirmative care following the Amendment.
Justice Bechu Kurian Thomas heard two pleas challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026 on April 7. The petitioners were represented by advocate Padma Lakshmy and senior counsel Arundhati Katju. T
The court asked the Additional Solicitor General (ASG) P Sreekumar for clarifications whether on-going gender affirmative care would continue under the Amendment. The pleas will be heard again on April 10.
Live Law reported that the petition represented by Katju said that Section 2(k) (definition of transgender person) and other related provisions violate the fundamental rights guaranteed by the the Constitution of India. The plea insisted that the right to self-identification of gender is a fundamental right under Articles 14, 19, and 21 of the Constitution.
The plea argues that Transgender Persons (Protection of Rights) Amendment Act, 2026, excludes many transexual persons by removing recognition based on self-identification. The Amendment instead bases identity upon medical interventions and cultural identity, excluding transmen, non-binary individuals, and transwomen who are not affiliated with the cultural identities listed by the Amendment.
Such an exclusion can result in individuals not receiving access to healthcare and legal protection. Senior counsel Arundhati Katju submitted that the petitioner was denied the hormone therapy they were previously receiving post the Amendment.
Live Law reported that Justice Bechu said that the court could grant benefit individually to the petitioner, rather than staying the provision. The court also asked the ASG P Sreekumar appearing for the government to “get instructions,” and look into the “reason why this change has been brought in”.
Meanwhile, Laxmi Narayan Tripathi and Javed Patel filed a petition in the Supreme Court challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026 the previous week.