Transgender identity cards issued before 2026 law to remain valid: Govt

The Union government told the Supreme Court that transgender identity cards issued under the 2019 law will remain valid; the court will examine cards cancelled or replaced after the 2026 amendment

The Union government on Monday informed the Supreme Court that transgender identity cards issued before the 2026 amendment to the Transgender Persons (Protection of Rights) Act will remain valid, Bar and Bench reported.

 

A Bench headed by Chief Justice of India (CJI) Surya Kant, along with Justice Joymalya Bagchi and Justice V Mohana, was hearing a batch of petitions challenging the constitutional validity of the 2026 amendment.

 

The government’s assurance came after the top court sought clarity on the status of transgender persons who had already received identity cards under the 2019 law. The court also wanted to know what would happen to those whose applications for such cards were still pending when the amended law came into force.

 

 

“It was indicated to us that where there is a transgender card, it will be preserved. Some submissions are coming from the Bar that without a transgender card, identity documents have been changed. This has to be considered,” noted Justice Bagchi, as quoted by Bar and Bench.

 

The court said it would also examine complaints that existing transgender identity cards had been cancelled or replaced after the amendment.

 

Case of Ankani Biswas

 

The issue came up in an application filed in the case of Ankani Biswas, who has challenged the 2026 amendment. According to the application filed on August 10, Biswas received a transgender identity card under the 2019 Act on February 2, 2023.

 

However, when Biswas accessed the National Portal for Transgender Persons on July 16, 2026, the earlier card was allegedly no longer available. It had reportedly been replaced with a new card containing several errors. The application said the new card did not have an official signature, seal or digital authentication. It also carried Biswas’s earlier birth name instead of the name adopted later, the news report said.

 

The new card also had incorrect details relating to the date of application and date of birth. The application claimed that the replacement was made without giving prior notice to Biswas or an opportunity to be heard.

 

Earlier identity card used for official records

 

The plea said the identity card issued in 2023 had been used to update Biswas’s name and gender in other official records.

 

Therefore, it sought restoration of the earlier transgender identity card. The plea also asked the court to direct that identity cards issued under the 2019 Act should not be affected by the 2026 amendment.

 

Solicitor General Tushar Mehta sought four weeks’ time for the final disposal of the matter. CJI Kant agreed to list the case after the four-week period.