‘By mistake’: Rajasthan High Court omits 3 paras in order rebuking Transgender Bill

The bench also ordered that the corrected version of the judgment be uploaded in place of the original.

The March 30 epilogue went to lay down a substantive constitutional expectation from the state of Rajasthan on transgender rights. (Image enhanced using AI)

Epilogue in March 30 verdict: Constitutional caveat anchored in self-identification

The epilogue in the March 30 judgment was not merely descriptive but carried a distinctly normative and constitutional tone, positioning itself as a cautionary bridge between the court’s directions and a rapidly evolving legal framework of transgender rights.

It explicitly engaged with the proposed amendment to the Transgender Persons (Protection of Rights) Act, 2019, noting that the move to condition legal gender recognition on certification, scrutiny, or administrative endorsement marked a serious doctrinal shift away from the constitutional guarantees articulated in the 2014 NALSA judgment.

The court emphasised that the right to self-identify one’s gender had been recognised by the Supreme Court as an inviolable facet of dignity, autonomy, and personhood, and warned that the amendment risked converting this right into a contingent, state-mediated entitlement of transgenders.

The March 30 epilogue stated that any policy framework formulated for transgender community pursuant to the court’s directions must preserve, “to the fullest extent possible”. (Image enhanced using AI)

The epilogue went further to lay down a substantive constitutional expectation from the state of Rajasthan.

It stated that any policy framework formulated for transgender community pursuant to the court’s directions must preserve, “to the fullest extent possible,” the principle of self-identification even within the contours of the amended law.

The court cautioned that statutory developments cannot be operationalised in a way that dilutes constitutional guarantees, and urged the state to draw from comparative models that promote inclusion without imposing impermissible constraints on identity of transgender people.

It also highlighted the need for affirmative measures, including reservation, to ensure that transgender rights are not rendered illusory by procedural barriers.

Epilogue in April 2 order: Judicial retraction

The April 2, 2026 order marks a significant judicial retreat from the expansive and cautionary tone of the original epilogue, while still affirming that the epilogue forms an integral part of the March 30 judgment for precedential purposes.

The bench expressly rejected the argument that the epilogue should be excluded altogether. However, “upon re-reading”, it concluded that substantial portions of the epilogue, particularly those critiquing the amendment and elaborating on constitutional risks had been included “by mistake” and were neither intended nor necessary.

Consequently, the court ordered the deletion of the entire passage that characterised the amendment as a departure from constitutional principles and that imposed broader obligations on the state to preserve self-identification and ensure constitutional congruity.

In place of this detailed and value-laden analysis, the court inserted a narrow, carefully worded clarification. The revised epilogue now states that the directions issued in the main judgment were based on the prevailing legal position as it existed on March 30 and are to be implemented accordingly.

It further reframes the epilogue as merely a “statement of facts in the process of changing legal landscape”, rather than a normative or interpretive exercise.

The April 2 order reflects a conscious judicial decision to withdraw from engaging with the constitutional implications of the amendment on transgender rights. (Image enhanced using AI)

The state is now only required to ensure that its policy framework remains within the contours of the law as it stood on the date of judgment. This alteration fundamentally changes the character of the epilogue.

Replacement text narrows scope of judgment

After deleting the passage, the court inserted a carefully worded clarification in the epilogue to limit the scope of its directions. The revised text makes it explicit that the court’s conclusions were based solely on the legal position prevailing on the date of the judgment.

“The aforesaid directions in the main judgment have been passed as per the prevailing legal position on the date of judgment and are meant to be complied with accordingly,” the bench stated.

This insertion effectively ensures that the judgment is not interpreted as commenting on the legal consequences of the amended transgender law. (Image enhanced using AI)

Background: Plea to disregard epilogue

The matter arose out of a miscellaneous application filed by Kumari through her counsel, advocate Vivek Mathur in connection with the court’s March 30 judgment. The petitioner had urged the court to clarify that the epilogue appended to the judgment should not be treated as part of the ruling or relied upon for precedential purposes.

Rejecting this contention at the outset, the bench held that the epilogue forms an integral part of the judgment and cannot be severed from it. The high court’s finding reaffirmed that even concluding observations in a judgment may carry interpretative weight unless specifically clarified or corrected.

Directions to replace original judgment

The high court directed that the original judgment dated March 30 be removed from its official website and replaced with the corrected version.

It further ordered that a hard copy of the original judgment be preserved in the court record, specifically in the “D” part of the file, ensuring that the judicial record remains complete while preventing reliance on the uncorrected version.

Broader implications

The order highlights the court’s careful balancing of two competing concerns- maintaining the integrity of its judgments while avoiding unintended commentary on evolving legislation.By retaining the epilogue but pruning its contents, the bench reinforced that judicial observations must remain confined to issues necessary for adjudication.

The ruling also underscores the sensitivity of transgender rights jurisprudence in India, particularly at a time when statutory changes appear to be recalibrating the framework established by earlier constitutional interpretations.

Application disposed

With these observations and corrections, the court disposed of the application. While the substantive directions issued in the March 30 judgment remain unaffected, the order ensures that the final, authoritative version of the ruling reflects only those observations the court consciously intended to make.

The case thus stands as a reminder of the evolving interface between constitutional rights, legislative change, and judicial interpretation, particularly in areas involving identity, dignity, and personal liberty.