Rajya Sabha Approves Controversial Transgender Rights Amendment Bill

Legislative Progress on Transgender Rights

On Wednesday, the Rajya Sabha approved the 2026 Transgender Persons Protection of Rights Amendment Bill through a voice vote.

This legislation was previously passed by the Lok Sabha on Tuesday.

A proposal to send the bill to a select Parliamentary committee was dismissed, and it will now be forwarded to President Droupadi Murmu for her approval.

Initially introduced in the Lok Sabha on March 13, the bill seeks to amend the 2019 Transgender Persons Protection of Rights Act by altering the definition of who qualifies as a transgender individual.

It eliminates the right of transgender individuals to self-identify their gender and restricts the law's applicability to those with specific biological or physiological traits, intersex variations, or particular socio-cultural identities such as kinner, hijra, aravani, and jogta.

If the bill is signed by the President, transgender men, transgender women, and genderqueer individuals recognized under the 2019 law will no longer be classified as 'transgender persons.'

Key Features of the Bill

The proposed legislation mandates medical evaluation and certification for legal gender recognition, assigning the authority for such transitions to medical professionals on a medical board.

Additionally, it introduces a system of graded punishments based on the severity of offenses, raising the maximum penalty from two years under the 2019 law to as much as 14 years.

The bill specifies that individuals who have been coerced into adopting a transgender identity under 'undue influence' will not be protected by the law.

It clarifies that the law aims to safeguard a specific group facing 'extreme and oppressive' discrimination, rather than all individuals with diverse gender identities or self-perceived gender identities.

During the Rajya Sabha discussions, opposition members expressed concerns that the bill undermines the right to self-identification, a right recognized by the Supreme Court in the 2014 NALSA case.

This landmark ruling established the 'third gender' category for transgender individuals, acknowledging them as a socially and economically disadvantaged group.

The court directed the government to ensure job quotas, educational admissions, health benefits, separate public restrooms, and various protections against discrimination for the transgender community.

Opposition Voices Concerns

Congress member Renuka Chowdhury questioned the rationale behind allowing medical boards to determine gender instead of self-identification, asserting that transgender individuals possess the same constitutional rights as everyone else.

She remarked, 'The Constitution stands with those who identify as transgender today,' referencing the Prime Minister's own non-biological identification.

Dravida Munnetra Kazhagam MP Tiruchi Siva warned that even if the bill passes through Parliament, it may be overturned by the Supreme Court.

He argued that it violates Articles 14, 15, 19, and 21 of the Constitution, which safeguard the rights to freedom, dignity, and self-determination.

Article 14 ensures equality before the law, Article 15 prohibits discrimination based on various grounds, Article 19 guarantees fundamental freedoms, and Article 21 protects the right to life and personal liberty.

Trinamool Congress MP Saket Gokhale criticized the government for failing to consult the transgender community, claiming the legislation disregards India's historical recognition of gender diversity.

He described the bill as 'nothing but trashy colonial legislation.'

Shiv Sena (Uddhab Balasaheb Thackeray) MP Priyanka Chaturvedi also questioned the lack of community consultation, while Manoj Kumar Jha of the Rashtriya Janata Dal criticized the absence of a rights-based approach.