Begging, sex work, forced into oblivion: Activists warn amended Trans law could reverse progress

New Delhi: The amended transgender law has triggered fears of “regular surveillance” among members of the community, with many worrying that they could be repeatedly subjected to scrutiny, harassment, and even stripping in the name of verification.

For many transgender persons, activists say, the anxiety is not limited to appearing before a medical board for certification. They fear that with self-identification now abolished under the amended law, they could be forced to repeatedly “prove” their gender identity before police, employers, hospitals and other authorities.

The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was passed by Parliament on March 25 and received President Droupadi Murmu’s assent on March 30.

Ritu, a non-binary transfeminine person, said the law could subject transgender persons to scrutiny and harassment at every stage of life. “Not just the medical panel, but also the way it criminalises trans folks -- they could be stripped or harassed by police,” she said.

“Any day, someone can challenge your identity at work, in a hospital or elsewhere. This is not a one-time process; it is a regular surveillance that the community has faced for centuries,” she said.

A top government functionary, however, defended the new certification process, arguing that self-identification could be misused and that some form of verification is necessary. “Imagine someone having raped a woman and telling the police that he is a self-declared transgender and therefore he can’t rape,” the government functionary said.

Speaking to PTI, Laxmi Narayan Tripathi, the first transgender person from the Asia-Pacific region to address the United Nations General Assembly, said a petition has been filed in the Supreme Court to fight for the community’s rights, aiming to ensure that the NALSA (National Legal Services Authority) judgment is implemented. The 2014 NALSA judgment, a landmark Supreme Court decision recognising transgender people as the “third gender” in India, had upheld the right to self-identify as male, female, or third gender without medical testing, affirming fundamental rights to equality and dignity under Articles 14, 15, 19, and 21 of the Constitution.

NCP(SP) leader Anish Gawande criticised the requirement of certification by medical boards and district authorities.

Gawande, who is the first gay national spokesperson of a political party in the country, said: “We have thousands of other crises to deal with, but you want a district magistrate and a district medical officer to sit around and certify who is a transgender and who is not. Why is the government obsessed with what is between somebody’s legs?”

Gawande said he had been receiving calls from transgender persons fearful about their future. “The number of phone calls I’ve received over the last week from people who are scared -- ki mera kya hoga, mujhe police arrest kar degi kya, main agar transgender hoon toh mujhe surgery karwane hi padegi kya? (What will happen to me? Will the police arrest me? If I am transgender, do I necessarily have to do surgery?) These are real concerns that people have shared,” he said, adding, “This is creating a mental health crisis and also driving people to suicide.”

Citing the story of Kabir Mann, a Dalit Transman who has obtained all necessary certifications to become a teacher but failed to land a job, Gawande said the amended law could block thousands of transgender persons from accessing education and employment.

“When documents don’t match a person’s gender identity, opportunities vanish, and people are forced back into secrecy. For many, this could push them into begging or sex work, the only spaces where identification is not questioned,” he said.

Meera Parida, transgender activist and a BJD politician, said that the community was deeply disturbed by the sudden passage of the Bill.