Karnataka High Court permits two transgender persons to continue hormone replacement therapy

The High Court of Karnataka has permitted two transgender petitioners to continue their ongoing hormone replacement therapy (HRT) without interruption, pending the final adjudication of their petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026, which restricts self-identification and mandates medical board certification.

A Vacation Bench of Justice Sachin Shankar Magadum passed the interim order as the petitioners, who assert that they are transgender persons identifying themselves as women, have complained that the doctors at a reputed private hospital, where they have been undergoing HRT from November 2023, have declined to continue the treatment due to a recent amendment made to the Act.

Analogous interim order

The petitioners’ advocate placed strong reliance on an analogous interim order passed by the Kerala High Court, where similarly situated individuals were permitted to continue hormone therapy with appropriate directions to the medical authorities. The petitioners have contended that the amendments would impact their rights.

However, the Additional Solicitor General of India told the court that the petitioners have not placed any material on record to demonstrate that the authorities have initiated or proposed coercive action restraining such treatment. The High Court was also informed that the issue relating to the validity of the amendment is presently sub-judice before the Supreme Court, and the Union government is contemplating filing an application seeking transfer of all similar petitions pending before various High Courts to the apex court.

After perusing the medical records, Justice Magadum observed that “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”.

Subject to final outcome

While permitting the petitioners to continue their HRT as per the existing medical protocol, the court said that the doctors and medical authorities concerned should facilitate continuation of such treatment without interruption. However, it added that continuation of treatment is subject to the final outcome of petitions an orders to be passed by the Supreme Court.