Proposed changes to Transgender Persons Act turn back the clock on rights and dignity

If democracy is based on the individuality and dignity of man… we have to recognise the right of a human being to choose his/her gender identity, which is integral to his/her personality and is one of the most basic aspects of self-determination, dignity, and freedom.” With these words, the Supreme Court in NALSA vs Union of India (2014) recognised the third gender as a category and trans persons’ right to determine their own gender identity as integral to the right to life and dignity. The protections and rights assured by NALSA and the Transgender Persons (Protection of Rights) Act, 2019, could now be undermined by the Transgender Persons (Protection of Rights) Amendment Bill, 2026.

The Bill limits the definition of who the state would recognise as a transgender person to biological and cultural markers: “A person having such socio-cultural identities as kinn(a)r, hijra, aravani and jogta…”, intersex people and persons who have been “forced” to present as transgender. This means the state would cease to recognise the right to choose one’s own gender identity, excluding lakhs of people for whom the legislation was framed — trans men, trans women outside the communities listed, genderqueer, and non-binary people. To identify and protect a “genuine” class of “oppressed” transgender persons, the Bill proposes the examination of trans persons by a district medical board. It fails to recognise that sex may be physically determined, gender identity is not. It is also impossible to diagnose “oppression” through medical examination. Many in the process of transitioning and/or acquiring fresh documents will be left in limbo, and those outside recognised categories may see their documents invalidated. By making it mandatory for medical institutions to share details of persons undergoing gender-affirming surgeries with the DM, the Bill violates the right to privacy enshrined in Puttaswamy (2018).

While the larger objective of the Bill — wider implementation of protections and welfare measures — is worthy, the solution cannot be a narrowing of categories. Instead, institutional capacity, political will and understanding must be expanded. At a time when the world is seeing a rollback in the scant protections for trans people, India has the opportunity to offer its citizens safety, autonomy, and dignity. It should not, instead, walk back on rights.