In a significant interim relief for transgender rights, the Kerala High Court has allowed the continuation of hormone replacement therapy (HRT) for two transgender individuals who challenged the recently enacted Transgender Persons (Protection of Rights) Amendment Act, 2026. The court’s decision comes amid concerns that ongoing medical treatments were being abruptly discontinued following the implementation of the new law.
The petitions were filed after the individuals alleged that hospitals had stopped their hormone therapy due to uncertainty surrounding the amended legislation. The amendment has sparked widespread debate, particularly over its provisions that may impact gender-affirming treatments and the right to self-identification.
Justice Bechu Kurian Thomas, while hearing the matter, observed that abruptly stopping hormone therapy could lead to serious consequences for those undergoing treatment. The court emphasized that such disruption could result in “absurd outcomes,” highlighting the need to protect the health and well-being of the petitioners.
In its interim order, the court directed that if hormone therapy had already been initiated, it must be allowed to continue without interference from any statutory authority until its completion. This ensures that individuals currently undergoing treatment are not adversely affected while the legal challenge to the amendment is being examined.
The case is part of a broader legal challenge to the 2026 amendment, which has been criticized for potentially restricting the rights of transgender persons by introducing stricter definitions and procedures for gender recognition. Petitioners argue that such provisions may conflict with fundamental rights guaranteed under the Constitution, including the right to equality, freedom of expression, and personal liberty.
The High Court has issued notice on the petitions and is expected to hear the matter further in the coming days. The outcome of this case could have far-reaching implications for transgender rights and access to gender-affirming healthcare in India.
