On Friday, March 13, the Minister for Social Justice and Empowerment Dr Virendra Kumar introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Lok Sabha. The proposed amendments seek significant changes to the Transgender Persons (Protection of Rights) Act, 2019, gutting the foundational principle of self-identification and self-determination, and the right to self-perceived gender identity, as enshrined in Section 4(2) of the 2019 Act and the 2014 NALSA judgement, which can cause more harm to a large proportion of individuals. We explain how with reasons below. 

The proposed amendments introduce a highly restrictive definition of transgender persons, recognising only certain socio-cultural identities and intersex persons as transgender. It rejects the internationally and scientifically accepted validation of self-perceived gender identity, which also determines the identities of persons within the socio-cultural groups named in the amendments. The proposed definition specifically excludes a large number of trans men, non-binary, and genderqueer persons completely, and trans women who do not belong to a specific socio-cultural group. 

The bill is highly discriminatory against trans men, trans masculine, genderqueer, and non-binary persons and exposes them to grave harm. Evidence shows that persons with such identities, trans men and transmasculine persons especially, continue to face pervasive and extreme discrimination in their natal homes, healthcare settings, as well as in society. If the bill passes with the proposed exclusionary definition, it will erase the very existence and legal recognition for such persons. It would become harder for them to change or maintain identity documents, access services, or be treated according to their gender. 

The lack of recognition also increases everyday vulnerability and increases family and societal violence such as forced marriages or sexual abuse. It will result in denied healthcare, or persons being pushed toward unsafe and risky medical procedures causing extreme financial burden when formal systems become inaccessible. These changes can affect people’s safety, health, dignity, and mental well-being. The emergence of several listening circles, helplines and counselling services post the introduction of the amendments itself shows the intense anxiety and trauma it has caused to the community. 

The proposed definition and the omission of Section 2(i) of the 2019 Act indicates a grossly harmful and confounding conflation of sex and........

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