New Delhi: A Supreme Court bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on a petition filed by Women's Declaration International India (WDII), challenging provisions of the Transgender Persons (Protection of Rights) Act, 2019, and related rules concerning legal recognition of gender.
As reported by Live Law, the petitioner has challenged Section 7 of the Act, as amended in 2026, insofar as it permits the issuance of certificates recognising a person's gender following sex reassignment surgery. It has also challenged Rule 7 of the Transgender Persons (Protection of Rights) Rules, 2020, and related provisions governing the recording of gender in official documents.
During the hearing, Justice Joymalya Bagchi summarised the petitioner's contention that a person assigned male at birth who identifies as female should not necessarily have the same legal status as a biological female. Solicitor General Tushar Mehta suggested that the issue could be left to the legislature. Justice Bagchi observed that, according to the petitioner, the legislature had not addressed the question.
“A transgender may not be able to bear a child, but a biological female will be able to bear a child,” Justice Bagchi observed, according to Live Law. When Justice V Mohana suggested that transgender people could bear children, Mehta clarified that transgender people identifying as female could not bear a child.
The petitioner has also raised questions about the criteria for eligibility in women's sporting categories, particularly in contact sports, arguing that physiological differences are relevant to competitive fairness.
It has further questioned the application of gender-recognition provisions in decisions concerning admission to women's hostels and placement in women's prisons.
The petition contends that the Supreme Court's 2014 judgment in NALSA v. Union of India, which recognised transgender persons' rights to gender identity and legal recognition, did not determine whether recognition of a person's gender identity automatically entitles them to every protection or benefit specifically reserved for a particular sex.
