NDA-ruled Andhra Pradesh refuses to defend changes to trans rights law in SC; Uttarakhand says law beneficial
State had no role in enacting the Act and it has not taken any action that is discriminatory towards transgender persons, A.P. tells court
In a Supreme Court hearing, Andhra Pradesh, ruled by the NDA-affiliated Telugu Desam Party, has declined to defend the 2026 amendments to the Transgender Persons (Protection of Rights) Act. The government contends it had no hand in enacting the Act and that its constitutional validity is a matter for the Union of India. The amendments removed provisions guaranteeing transgender individuals the right to their self-perceived gender identity and limited its definition to physiological characteristics, sparking protests nationwide and leading to resignations among the National Council for Transgender Persons.
The Andhra Pradesh government asserts it has not taken any independent, discriminatory actions against transgender persons.
Meanwhile, the BJP-led Uttarakhand government has defended the amended law, stating that transgender rights and healthcare are influenced by social norms and existing systems. Despite the Union government yet to respond to the Supreme Court challenges to the Act, Uttarakhand maintains that the amended law has not led to any denial, dilution, erosion, or abridgement of the rights of transgender persons.
The government argues that the process of identification, certification, welfare, and rehabilitation for transgender persons continues uninterrupted. The Union government and BJP-led NDA MPs argued that retaining the principle of self-determination of gender identity would result in false claims for social welfare benefits, despite the Supreme Court's 2014 NALSA judgment recognizing this right.
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