Author: Deepanita Sengupta
Introduction
In the landmark case of NALSA v. Union of India[1], the Supreme Court granted transgender persons the right to self-identify their gender, recognised them as the 'third gender', affirmed their fundamental rights under Articles 14, 15, 16, 19, and 21[2], and directed the government to provide welfare schemes and reservations for them.[3] The Transgender Persons (Protection of Rights) Act, 2019 seeks to implement these rights through various protections and measures. However, Transgender Persons (Protection of Rights) Amendment Bill, 2026 is a major shock for third-gender individuals. This bill was passed by the Lok Sabha on March 24th 2026. The bill amends the Transgender Persons (Protection of Rights) Act, 2019.[4]This amendment curtails the rights previously given to transgender people. The bill removes a person's right to self-identify their gender. It has changed the definition of a transgender person, previously broad and including trans men, trans women, and genderqueer people, but now narrower, focusing on social categories or medical conditions. Along with this, it adds a retrospective clause, meaning it talks about cancelling the legal recognition already given to them earlier. According to the bill, a person must go through a complex medical board process for transgender certification. Additionally, under this bill, the District Magistrate needs a recommendation from a medical board to issue an identity certificate. Hospitals performing gender-affirming surgeries will have to send patients' details to the government. Finally, this Bill creates new offenses with very harsh punishments (up to life imprisonment), because it assumes transgender identity is being forcibly imposed. However, at the same time, it doesn't increase punishments for violence against transgender people.[5]
"Why Trans Community is Furious Over the New Amendment Bill"
After this bill was passed, a large section of the transgender community has opposed it and protested against it. The bill is illegal and violates transgender persons' rights. The primary reasons are that this bill excludes the majority of transgender persons, such as trans men, trans women, and other identities like khwaja sara, and narrowly defines “transgender persons” to include only specific socio-cultural identities like Hijra, Kinnar, Aravani, Jogta, eunuchs, and intersex individuals which directly violates the NALSA judgment. Additionally, the bill states that if anyone undergoes gender-affirming surgeries, hospitals must provide their details to the government. This clause is a direct violation of Article 21- Right to Privacy and creates an uncomfortable situation where the government interferes in the personal matters of a person, thus creating an atmosphere of criminalization among people. Assumingly, transgender persons leave their homes due to their family's abusive nature and join the transgender community. Under this amendment, that person's family could file allegations against the transgender community, claiming the person was forced to join their group which could lead to harsh punishments against the community, including life imprisonment. [6]Many in the transgender community say there are no instances where it's been proven that they've forcefully made someone join their community or converted them. Communities argue that this amendment will lead people filing false cases against them, causing transgender people to face a lot of problems. Moreover, activists also opine that it will only fuel existing misconceptions, increasing negative thoughts about transgenders in people's minds[7].
"Transgender Bill 2026: Opposition Slams Regressive Rollback on Rights"
There were a number of inconsistencies in the way the bill was put forward in the Lok Sabha and Rajya Sabha. As per the 2014 Pre-Legislative Consultation Policy, any bill before being introduced must be put forward in the public domain for scrutiny and common knowledge. The Transgender (Amendment) Bill bill wasn't released in the public domain, nor has any standing committee cited transgender issues in the Statement of Objects and Reasons. The opposition has cited that this bill is a regressive step, brought in without consulting any transgender individuals. They have raised a major point that a constitutional democracy cannot decide which identities are legitimate, and which are not. Ina major setback for the members of the community, a District Magistrate-approved medical certificate is allegedly required for identifying a person of this community. The people have described it as a “Dehumanizing Examination” that violates privacy and bodily autonomy. They've recommended sending the bill to a select committee and pointed out that the clause criminalizing forcing someone to become transgender is concerning[8].
Suggestions and Conclusion
The Transgender Amendment Bill, 2026 undermines the rights recognised for transgender persons in the landmark judgment of NALSA v. Union of India[9]. Instead of strengthening protections, the bill appears to create new challenges for the community, as reflected in the nationwide protests against it. The replacement of self-identification with mandatory medical board certification runs contrary to the principles of dignity and autonomy upheld in NALSA. Further, narrowing the definition of transgender persons seems exclusionary and fails to acknowledge the diversity within the community. The provision imposing severe penalties ranging from 10 years to life imprisonment for forced identity imposition appears excessive and raises concerns regarding proportionality and potential misuse. It is also concerning that despite the advisory committee constituted by the Supreme Court recommending withdrawal of the bill, Parliament proceeded to pass it in March 2026. This raises questions about the weight given to constitutional values and the voices of the affected community[10]
. Overall, the bill appears to place the fundamental rights to equality, freedom, privacy, and dignity guaranteed under Articles 14, 19, and 21 under serious strain, rather than effectively protecting the rights of transgender persons.
Reference
[1] National Legal Services Authority (NALSA) v. Union of India & Others. (2014)
[2] Article 14,15,16,19 and 21 of the Indian Constitution
[3] https://www.civilsdaily.com/news/why-transgender-protection-amendment-bill-2026-has-attracted-criticism/
[4] https://lawfullegal.in/judicial-triumphthe-landmark-case-of-nalsa-vs-uoi-2014/
[5] Singh, Ajitesh, The Leaflet, “Architecture of Erasure: How the Transgender Amendment Bill 2026 erases those it claims to protect”, 22 March, 2026, https://theleaflet.in/leaflet-reports/architecture-of-erasure-how-the-trans-amendment-bill-2026-erases-those-it-claims-to-protect
[6] Ibid
[7] Adlakha, Mahi, Scoopwhoop, “I Cannot Show My Genitals”: Why Activists Around The World Are Furious Over Transgender Bill 2026?”,26 March 2026, https://www.scoopwhoop.com/humor/i-cannot-show-my-genitals-why-activists-around-the-world-are-furious-over-transgender-bill-2026/
[8] Ghosh,Shreya, NdTv, “Transgender Bill Passed Amid Resistance By Opposition, Activists” , 24 March 2026, https://www.ndtv.com/india-news/transgender-bill-passed-amid-resistance-by-opposition-activists-11261397
[9] Ibid
[10] NA, Edunovations, “Transgender Rights Amendment Bill 2026 Controversy: Supreme Court Panel Urges Withdrawal”,30 March 2026, https://edunovations.com/currentaffairs/national/transgender-rights-amendment-bill-2026/