Supreme Court Advisory Committee Calls for Withdrawal of Transgender Rights Amendment Bill

A Supreme Court-appointed advisory committee has urged the Indian government to withdraw the 2026 Transgender Persons Protection of Rights Amendment Bill. The committee argues that the proposed changes undermine protections established in the 2019 law, particularly the right to self-identify gender. The bill, which has passed both houses of Parliament, is now awaiting presidential assent. Protests from transgender and gender-diverse organizations highlight concerns over the bill's restrictive definitions and potential exclusion of many individuals. The advisory committee was formed to address gaps in the implementation of the 2019 Act and to promote equal opportunities for transgender persons in society.
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Supreme Court Advisory Committee Calls for Withdrawal of Transgender Rights Amendment Bill

Committee's Request to the Government


On Wednesday, an advisory committee appointed by the Supreme Court reached out to Union Social Justice Minister Virendra Kumar, urging the withdrawal of the 2026 Transgender Persons Protection of Rights Amendment Bill, as reported by a leading news outlet.


Justice Asha Menon, the committee's chairperson and a former judge of the Delhi High Court, confirmed this development to the media.


The bill was approved by the Lok Sabha on Tuesday and subsequently by the Rajya Sabha on Wednesday, and it is now set to be sent to President Droupadi Murmu for approval.


Organizations representing transgender, intersex, and gender-diverse individuals have voiced their opposition to the bill, arguing that it undermines the protections established by the 2019 Transgender Persons Protection of Rights Act.


The amendments proposed in the bill focus on redefining the criteria for identifying a transgender person.


Significantly, the bill 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 legislation will no longer be classified as 'transgender persons.'


The bill's passage in Parliament occurred amidst protests from opposition members who contended that it infringes upon constitutional rights.


The Supreme Court established the advisory committee in October 2025 while addressing a case involving a transgender woman who faced job termination from private schools in Uttar Pradesh and Gujarat due to her gender identity, according to reports.


The court highlighted the lack of action by authorities in enforcing the 2019 Transgender Persons Protection of Rights Act and formed the expert panel to identify legal gaps, create a comprehensive equal opportunity policy, and suggest measures for the 'reasonable accommodation' of transgender individuals to ensure their equal participation in society.