Transgender and queer communities across the country are opposing the Union government's introduction of the Transgender Persons (Protection of Rights) Amendment Bill, 2026. Tabled in the Lok Sabha on March 13, the government presented it as a refinement of the existing 2019 law. Trans communities, civil liberties and rights groups, opposition political leaders, and student organisations across the country have opposed this bill.

In 2014, the Supreme Court's landmark NALSA judgment gave every person the constitutional right to self-identify their gender without needing surgery or medical approval. It connected gender self-determination to the fundamental rights of dignity, equality, and privacy.

Consequently, the 2019 Transgender Persons Act was passed to translate that ruling into law. It defined "transgender person" covering trans men, trans women, gender-queer people, people with intersex variations, and socio-cultural communities like hijras and kinnars. Section 4 explicitly recognised the right to a "self-perceived" gender identity. 

However, the 2026 Amendment Bill deletes the 2019 definition of a transgender person as someone “whose gender does not match the gender assigned at birth” and removes explicit references to trans men, trans women, and gender‑queer people. Instead, it defines transgender person mainly through certain socio‑cultural identities (such as hijras, kinnars, aravanis, jogtas) and specific sex‑characteristic variations, shifting the focus away from self‑identified gender.

The most regressive element of the bill is its removal of the clause guaranteeing self-perceived gender identity. Instead, it requires the District Magistrate to rely on a medical authority or board, headed by a Chief or Deputy Medical Officer, to "verify" whether someone fits the bill's new, narrowed definition before issuing a certificate. This would force trans people to prove their gender to doctors and bureaucrats who often lack relevant training and are likely to hold transphobic biases. It also directly violates the Supreme Court ruling that gender identity is a fundamental right, one that must not be contingent on medical or state approval.

Under the current law, a transgender identity certificate is issued by the DM on the basis of the person's own self-declaration through an affidavit with no medical or physical examination required. A medical certificate, from the hospital where the procedure was performed, is only needed when someone seeks a revised certificate to change their legal gender to male or female following medical intervention.

The Bill also introduces a new criminal offence of "alluring" or "forcing" someone to become transgender. This is an absurd clause when the fact is that many trans individuals face violence and are often compelled to leave non-accepting families. Such a criminal provision might be used to target NGOs and aid organizations that usually assist trans people.

Various opposition MPs and political parties have also demanded the bill's immediate withdrawal. To voice opposition to the bill, protests have taken place in Bengaluru, Delhi, Guwahati, Kolkata, Bhubaneswar, and Goa. Over 44 organizations and student bodies have publicly condemned the bill and have called for its withdrawal.

While this law was drafted without consulting trans communities and directly harms them, it also sets a bad precedent for other marginalised groups. Reduced legal recognition leads to weaker protections and limits access to constitutional safeguards meant to defend rights. In this context, collective support and solidarity is necessary to challenge and limit the power to take away essential rights of already maginalised communities on a whim.

You can voice your opposition by emailing your MP using this tool created by the Queers Against the Trans Bill ’26 collective here.

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