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New Delhi: A case has reached the Supreme Court regarding the rights of transgender people and the legal protections afforded to women. A women's organization has filed a petition demanding that reservations and other legal benefits for women be protected while granting rights to transgender people. The central government has also stated that there may be some practical difficulties in implementing these rights.
This case concerns changes made in 2026 to the law protecting the rights of transgender individuals. The organization Women's Declaration International India filed the Public Interest Litigation (PIL). A Supreme Court bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana heard the matter. The court sought a response from the central government.
Senior advocate Amit Sibal, representing the petitioner organization, argued that transgender people should have equal rights, but this should not affect the privileges provided to women under the Constitution and the law. He cited the example of seats reserved for women in Panchayats. He questioned whether transgender women can claim seats reserved for women. The organization argued that the distinction between transgender people's rights and the privileges provided to women should be clearly defined.
Solicitor General Tushar Mehta, representing the central government, stated that questions are being raised in several high courts about whether transgender women should be allowed to participate in women's sports competitions. He also raised issues such as the accommodation in women's prisons, rules regarding the arrest of women after sunset, and the role of female police officers during searches. Questions have also been raised regarding the use of women's restrooms.
The 2026 amendments to the Transgender Rights Act have already been challenged in the Supreme Court. The petitions allege that the new changes could limit the right to recognize the identity of transgender people. A petition filed by a women's organization has also been joined with these cases. The Supreme Court has not yet given a final decision on these questions. The central government will file its response, after which the case will be heard further.