The Union government gave an assurance in the Supreme Court on Monday (August 17, 2026) that transgender identity cards issued prior to the enactment of the Transgender Persons (Protection of Rights) Amendment Act, 2026, will continue to remain valid.

Appearing before a three-judge Bench headed by Chief Justice of India Surya Kant, Solicitor General Tushar Mehta said the validity of these cards would not be affected by the new law.

Official recognition

A transgender identity card provides official recognition of a person’s self-identified gender and can be used to support changes to their name and gender across official records. The government’s transgender portal specifically states that it enables changes to name and gender in official documents.

The Supreme Court had made it clear in the previous hearing to the Centre that the 2026 law, seen as dismantling the transgender community’s right to self-identification, should not work retrospectively to invalidate transgender cards issued to members under a previous legislation.

Petitioners, who include activists and community members, had pointed out that the importance of the transgender identity cards cannot be trifled away by the Union government.

A lawyer, who identified as a member of the community, had said the card was an essential part of her basic identity.

Unfettered authority

The petitioners had argued that the 2026 Amendment Act, which came into force on March 30, has dangerously allowed the State unfettered authority to determine gender identity.

They have contended that the 2026 Act has worked contrary to a NALSA judgment of the Supreme Court in 2014 which upheld transgender persons’ right to self-determined gender identity and protected them from discrimination and social stigma. The judgment had led to the enactment of the Transgender Persons (Protection of Rights) Act, 2019. The 2019 Act had largely captured the essence of gender non-conformity and embodied the self-identification principle.

They had submitted that Section 3 of the 2026 Act omitted the right to self-perceived gender identity by the “stroke of a legislative pen”.

Published - August 17, 2026 09:56 pm IST