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Karnataka High Court permits transgender women to continue hormone therapy amid challenge to 2026 Act
The ruling protects medical transitions while the constitutionality of the Transgender Persons (Protection of Rights) Amendment Act is debated.
Karnataka High Court ruled in favour of the petitioners (File photo).
In a significant interim ruling, the Karnataka High Court Thursday permitted two transgender women to continue their hormone replacement therapy (HRT), providing relief against potential disruptions caused by recent legislative changes.
Justice Sachin Shankar Magadum stated, “Petitioners shall be permitted to continue their hormone replacement therapy, as per their existing medical record. The continuation of the treatment shall be, however, subject to the outcome of the present petition and any order that may be passed by the Apex Court, including in any transfer proceedings.”
The petitioners moved the High Court to declare the Transgender Persons (Protection of Rights) Amendment Act, 2026, unconstitutional. They argued that the Act violates fundamental rights guaranteed under Articles 14, 15(1), 16, 19, and 21 of the Indian Constitution.
A primary point of contention was the revised definition of a “transgender person” under Section 2(K) of the Act. The petitioners fear that this amendment creates legal hurdles that could restrict their access to gender-affirming healthcare.
Senior Advocate Jayna Kothari argued that the petitioners are already undergoing HRT. She emphasised that halting such medical intervention midway would have severe adverse effects on their physical and mental well-being. Kothari urged the court to ensure the treatment remains unrestricted regardless of pending litigation in higher forums.
Additional Solicitor General (ASG) Aravind Kamath countered that the petition was premature. He informed the court that no official order had been passed to stop anyone’s treatment and noted that hormone supplements remain available in pharmacies.
ASG Kamath also revealed that the Centre has filed a transfer petition before the Supreme Court. Because similar challenges to the 2026 amendment are springing up in various High Courts across the country, the government seeks to have the matter centralised and decided by the apex court to ensure legal uniformity.
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Earlier, on April 30, the Karnataka High Court reserved its judgment on this interim prayer.
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