By Sunita D
The Supreme Court of India on Monday, clarified that the government’s new amendment of transgender law cannot revoke the existing rights of the community such as identity cards or access to gender affirming care.
Justice Joymalya Bagchi, on the Bench, told the Centre, “Even if there is a change in legislation, the rights conferred or accrued must remain the same.”
Introduced on March 13, 2026, The Transgender Persons (Protection of Rights) Amendment Bill, 2026, facilitates a transgender person to apply to the District Magistrate for issuing a certificate of identity as a transgender person. The Bill also mentions that the District Magistrate will issue the certificate after examining the recommendation of a designated medical board.
However, the updated statute removed general “trans-man” or “trans-women” self-identification categories, limiting direct identity card issuance primarily to traditional socio-cultural or intersex definitions subject to a medical board review.
Public discourse surrounding the issuance of transgender identity cards remains deeply divided, with debates centering on their potential benefits and drawbacks.
“Getting these identity cards is like crucifying trans people for being trans”, shares Darsh, a final year law student at NMIMS, Mumbai. “Transgender people have always advocated for equal recognition for all genders. If there is no identity card for confirming cis gender, then there shouldn’t be one for transgender, too. Usually, this sort of identification is needed for people who are getting any benefits from the government, Indian govt. doesn’t have any welfare registration for the trans community,” he noted.
Sklyer, student of Jawaharlal Nehru Centre for Advanced Scientific Research , Bangalore who identifies as a transgender, expresses, “I believe an identity card would make me feel more seen, especially in public institutions, hence I feel it’s important”.
Dr. Anuja Pradhan, Associate Professor at Symbiosis International and a researcher in gender studies, expressed reservations about the basis of the proposed identity cards. “Any such bill must be preceded by extensive consultation with the community to ensure that its provisions are meaningful, inclusive and genuinely effective,” she said.
Several countries, particularly in South Asia, have formally recognised a gender category beyond the traditional male and female classifications. Pakistan became one of the first countries to legally recognise a third gender in 2009. Nepal followed by introducing a transgender category on its citizenship certificates, which serve as national identity cards, in 2013. In the same year, Australia also allowed citizens to identify with a third gender category on their passports.