Can Trans Women Claim Women's Rights? Women's Group Moves Supreme Court Against Transgender Persons Act
A women's rights group, Women's Declaration International India, has petitioned the Supreme Court to challenge provisions of the Transgender Persons Act. The group argues that allowing biological males to obtain female gender certificates negatively impacts the rights and protections afforded to biological women.
Why it matters
This case highlights the ongoing legal and social tension between transgender rights legislation and the protection of sex-based rights for women.
A women's group has approached the Supreme Court challenging the legal regime which allows biological males to be recorded as 'females' in official documents after undergoing sex reassignment surgeries.The petitioner, an organisation named 'Women's Declaration International India', challenges Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, as amended in 2026, insofar as it enables biological males to obtain opposite gender certificates. The petitioner also challenges Rule 7 of the Transgender Persons (Protection of Rights) Rules, 2020, along with related regulatory provisions which enable persons to obtain official documents recording a gender different from their biological sex.The petitioner has also sought reconsideration and clarification of the Supreme Court's 2014 judgment in National Legal Services Authority v.
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