On Tuesday, in a crucial development testing the scope of the Transgender Persons (Protection of Rights) Amendment Act, 2026, the Kerala High Court questioned the Centre on whether individuals already undergoing hormone therapy could be adversely affected by the revised definition of “transgender person.” The query comes amid concerns that the amendment may disrupt ongoing medical treatment and access to legal recognition, raising immediate implications for transgender rights and healthcare continuity.
The case arose during hearings on petitions challenging the constitutional validity of the Amendment Act, which allegedly narrows the definition of “transgender person” by excluding individuals identifying solely on the basis of self-perceived gender without medical intervention. Petitioners argued that this shift has triggered the denial of essential services, including healthcare, with instances of medical institutions refusing to continue hormone therapy post-amendment. It was contended that the original framework recognised gender identity irrespective of surgical or hormonal procedures, whereas the amended law creates barriers that undermine access to treatment and legal protections. The Centre, however, maintained that the amendment is legally sound and any hardship faced by individuals is a matter of implementation rather than a statutory defect.
The Court raised pointed concerns on the immediate fallout of the amendment, particularly on those already undergoing treatment, asking, “Can a person who is already undergoing therapy… be affected by virtue of the change?” It emphasised that while constitutional challenges to statutes cannot ordinarily result in a stay due to the presumption of validity, individual relief may still be considered where rights are impacted. The Bench directed the Centre to obtain instructions on the issue, indicating that the practical consequences of the amendment require closer scrutiny before further proceedings.
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