The Transgender Persons (Protection of Rights) Amendment Bill, 2026 is a regressive move by the BJP-led Central Government to thwart the queer rights movement in India. By replacing the principle of self-identified gender with mandatory medical certification, the Bill violates the bodily integrity, autonomy and dignity of transgender individuals. This move directly contradicts the Supreme Court’s landmark NALSA vs. Union of India judgment, which ruled for self-identification of gender identity as an integral part of personal autonomy and dignity under Articles 14, 19, and 21 of the Constitution.
Under the proposed amendment, the State refuses to recognize gender as a personal identity, instead subjecting individuals to invasive bureaucratic and medical scrutiny. By limiting recognized identities to specific traditional communities, the Bill excludes many and deprives them of access to basic amenities like education, housing, and healthcare on state approval.
Furthermore, similar to the 1871 Criminal Tribes Act, these provisions frame gender-nonconforming communities as criminal threats rather than citizens deserving of protection. This shift transforms the State’s role from a provider of rights to an agent of surveillance and control. To preserve the hard-won rights and dignity of the transgender community, this Bill must be condemned and withdrawn immediately.
-- Central Committee, CPI(ML) Liberation (15 March 2026)
