The petitioners challenged the validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, and claimed that despite being midway through treatment, the attending doctors are unwilling to continue the prescribed course of therapy.
Bengaluru: The High Court of Karnataka has directed the doctors of a private hospital in Bengaluru to continue with hormone replacement therapy (HRT) upon two transgenders as per the existing medical protocol.
The petitioners challenged the validity of the Transgender Persons (Protection of Rights) Amendment Act, 2026, and claimed that despite being midway through treatment, the attending doctors are unwilling to continue the prescribed course of therapy.
“The concerned doctors and medical authorities shall facilitate continuation of such treatment without interruption. The continuation of treatment shall, however, be subject to the outcome of the present writ petition and any orders that may be passed by the Supreme Court, including in any transfer proceedings initiated by the Union of India,” Justice Sachin Shankar Magadum stated in the interim order passed on Thursday.
The petitioners submitted that they are transgender persons identifying as women and are aggrieved by the consequences flowing from the amended definition of “transgender person” under Section 2(k) of the 2026
Amendment Act. The petitioners claimed that they have been undergoing hormone replacement therapy (HRT) in a hospital since November 11, 2023, and have also been issued Transgender Identity Cards.
They contend that denial of treatment midway, infringes their fundamental rights guaranteed under Articles 14, 15, 16, 19, and 21 of the Constitution of India. They also relied on an interim order passed by the Kerala
High Court in an analogous matter, where similarly placed persons were permitted to continue the therapy and appropriate directions were issued to facilitate uninterrupted treatment.
The Additional Solicitor General, appearing for the Union government, submitted that no material is placed on record to demonstrate that the authorities have initiated or proposed coercive action restraining such treatment. It was further submitted that the issue relating to the validity of the amendment is presently sub judice and before the Supreme Court. The Union government is contemplating filing an application seeking transfer of all similar petitions pending before various high courts, the court was informed.
Justice Magadum noted that the medical records produced by the petitioners, prima facie, indicate that both have been undergoing the therapy since November 11, 2023.
“At this stage, it cannot be disputed that abrupt discontinuation of such ongoing medical treatment may have adverse and detrimental consequences on their physical and mental well-being. It is also not in dispute that the issues raised in the present petition, including the challenge to the amended statutory provision, are engaging the attention of the Supreme Court and are likely to be authoritatively settled. In the facts and circumstances of the case, this court is of the considered view that, pending adjudication of the larger issues, limited interim protection is required to be extended to the petitioners to ensure that ongoing medical treatment is not disrupted,” the court said.
Ambarish B
Courtesy : DH
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