SC Questions Invalidating Transgender ID Cards Under Amended Act
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has sought the government's response on petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, which allegedly erases benefits under the old law and restricts hormone treatment. The court questioned how transgender identity cards issued under earlier provisions could be rendered invalid retrospectively. This matter is crucial for the rights and welfare of transgender individuals in India.
Background
The Transgender Persons (Protection of Rights) Act, 2019 was enacted to provide for the protection of rights of transgender persons and their welfare. The recent amendment has raised concerns among activists and petitioners, who argue it dilutes protections and creates barriers to essential healthcare.
Key facts
The Supreme Court bench comprised CJI Surya Kant and Justices Joymalya Bagchi and V Mohana.
The court sought the government's response on pleas alleging the amendment attempts to erase benefits under the old law.
Senior advocates complained that hormone treatment is being denied to transgender individuals due to doctors' fear of prosecution under the new law.
The national portal for transgenders has been discontinued, denying many benefits.
The court questioned the retrospective invalidation of transgender identity cards issued under earlier provisions.
The amendment is being challenged for impinging on the right to receive hormone treatment for body-sync with self-identified gender.
Prelims pointers
- Transgender Persons (Protection of Rights) Act, 2019
- Transgender Persons (Protection of Rights) Amendment Act
- Supreme Court of India
- National Portal for Transgenders
- Article 21 (Right to Life and Personal Liberty)
- Article 14 (Right to Equality)
- Article 15 (Prohibition of Discrimination)
- Article 19 (Freedom of Speech and Expression)
- CJI Surya Kant
- Justice Joymalya Bagchi and Justice V Mohana
Mains angles
- Discuss the constitutional validity of the Transgender Persons (Protection of Rights) Amendment Act in light of Articles 14, 15, and 21.
- Critically examine the impact of the amendment on the rights of transgender persons, especially access to healthcare and identity recognition.
- Analyze the role of the judiciary in protecting the rights of marginalized communities against legislative overreach.