Transgender Amendment Bill draws ‘strong’ criticism from rights groups

New Delhi: The introduction of the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Lok Sabha has drawn strong criticism from transgender and queer rights groups, who argue that the proposed law narrows the definition of transgender identity and undermines the constitutional principle of self-determination recognised by the courts.

Union Minister for Social Justice and Empowerment Virendra Kumar introduced the Bill on March 13, seeking to amend the Transgender Persons (Protection of Rights) Act, 2019.

The proposed amendments, according to critics, significantly alter the legal understanding of transgender identity established in recent years.

A key provision of the Bill merges intersex and transgender identities under a single definition. Community advocates say this overlooks the distinct nature of both groups, as intersex persons are born with variations in sex characteristics while transgender persons identify with a gender different from the one assigned at birth.

The Bill also proposes to limit legal recognition of transgender persons to certain traditional socio-cultural identities such as Hijra, Kinnar, Aravani and Jogti. Activists warn that such a restriction could exclude trans men, trans women, gender-queer and non-binary individuals who do not belong to these communities.

Legal experts say the proposed framework departs from the principle established by the landmark judgment of the National Legal Services Authority v. Union of India, delivered by the Supreme Court of India in 2014. The ruling recognised transgender persons as a distinct gender category and affirmed their right to self-identify their gender.

Another provision in the Bill suggests that individuals may be coerced or influenced into identifying as transgender, a formulation that critics say casts suspicion on gender identity. The amendments also propose a greater role for medical boards and administrative authorities in determining gender identity, raising concerns about privacy and bureaucratic oversight.

Changes proposed to Section 18 of the Act introduce stricter punishments for offences including “alluring” or “forcing” individuals to become transgender, with imprisonment of up to five years. Activists say the language is vague and could be misused.

Some observers have drawn parallels with the colonial-era Criminal Tribes Act, 1871, which historically subjected transgender communities to surveillance and stigma. Rights groups have demanded that the government withdraw the Bill and initiate consultations with the community before introducing further legislative changes.