The Supreme Court on Wednesday issued notices to three Union ministries on a petition seeking protection of constitutional and statutory benefits reserved for biological women amid concerns over the implications of transgender rights legislation.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses from the Ministries of Social Justice and Empowerment, Law and Justice, and Health and Family Welfare on a Public Interest Litigation (PIL) filed by Women’s Declaration International India.
The Court also directed that the petition be heard alongside pending challenges to provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026, including amendments relating to the recognition of transgender identity.
Petitioner Raises Questions Over Women’s Reservations and Legal Safeguards
Senior advocate Akhil Sibal, representing the petitioner organisation, submitted that the case concerned the possible effect of transgender rights legislation on protections specifically provided to biological women.
He clarified that the organisation supported equal rights and privileges for transgender persons, including their right to identify as transgender. However, he argued that extending such rights should not interfere with existing constitutional and statutory safeguards for women.
The petition raises issues concerning reservations for women in panchayats and other local bodies, participation in women’s sports, accommodation in prisons and protections available during arrest, searches and criminal investigations.
Sibal also questioned whether transgender persons should receive separate reservations or be permitted to claim seats designated for women in panchayats.
Supreme Court Notes Similar Issues Already Pending
During the hearing, Justice Joymalya Bagchi expressed concern that additional petitions dealing with overlapping questions could delay the adjudication of challenges already pending before the Court.
He pointed out that the existing batch of petitions was nearly ready for hearing.
Sibal maintained that the organisation’s petition raised an independent issue concerning women’s rights rather than merely repeating the grounds advanced in the pending cases.
Chief Justice Surya Kant acknowledged that the petitioner might have a point but observed that the legislation was already under judicial consideration. He noted that the new petition would add another perspective to the ongoing proceedings.
Centre Flags Questions Over Sports, Prisons and Criminal Procedure
Solicitor General Tushar Mehta, representing the Union government, informed the Bench that the Centre was preparing its response in the connected matters and would also deal with the concerns raised by the women’s organisation.
Mehta highlighted several questions involving gender identity and the application of legal protections and facilities designated for women.
He referred to access to women’s toilets, placement in women’s prisons and eligibility to participate in women’s sporting competitions.
The Solicitor General also raised concerns about statutory provisions requiring women police officers to conduct searches of women or record their statements in specified circumstances.
Referring to restrictions on arresting women after sunset, Mehta posed a hypothetical question about how such safeguards would apply where a person accused of an offence identifies as a woman.
He submitted that the dispute was not about denying transgender persons the right to identify according to their gender. Rather, the questions concerned the legal consequences of that identification and its interaction with protections reserved for women.
Sibal reiterated that transgender identity must be respected and appropriate facilities should be provided. However, he maintained that safeguards and benefits specifically reserved for biological women should remain protected.
The Supreme Court issued notices to the concerned ministries and linked the PIL with the pending batch of petitions challenging provisions of the 2026 amendment legislation.
