Identity at risk: The transgender rights amendment Act is raising many fears in the community

Regretting the hasty passage of India’s Transgender Persons (Protection of Rights) Amendment Bill, 2026, without adequate stakeholder consultation, the United Nations Human Rights posted on its X handle on April 2: “The amendments risk setting back hard-won rights of transgender people, replacing self-identification with mandatory medical verification processes. India has been a pioneer for rights of transgender and gender-diverse people. This Bill will have far-reaching impacts on the right to privacy and risk the marginalisation of transgender people.”The UN human rights watchdog’s comments echo the fears of the transgender community across the country. A major concern is that the new Bill, which received Presidential assent on March 30, changes how transgender identity is legally recognised and protected in India. The most significant shift is the removal of the right to self-perceived gender identity, which has been replaced by a mandatory state-led medical verification process.While socio-cultural identities like kinner, hijra, aravani and jogta, besides persons with specific congenital biological or intersex variations, have been defined as transgenders, it leaves out of its purview trans men, trans women and all other non-binary persons. All this significantly alters the framework established by the Transgender Persons (Protection of Rights) Act, 2019, and the 2014 NALSA (National Legal Services Authority) judgment, which upheld the right to self-determination as a fundamental right under Article 21 (Right to life and dignity).The changes will affect an estimated 4.87 lakh transgender persons in the country who come under the ‘others’ category as per the 2011 Census. Meanwhile, the Kinsey scale measures the number to nearly 10 per cent of the population.Voices from the margins“We are challenging this Act in light of the 2014 NALSA judgment and the 2017 Puttaswamy judgment on privacy,” says Mumbai-based diversity expert Zainab Patel. She filed a petition in the Supreme Court on April 4, along with Laxmi Narayan Tripathi, her co-petitioner in the NALSA vs Union of India case.While the landmark KS Puttaswamy ruling had declared that sexual orientation and gender identity are integral components of privacy, non-discrimination, and individual dignity, directly supporting the rights of transgender and LGBTQIA+ individuals, the Supreme Court decision in the NALSA vs Union of India judgment had recognised transgender people as a “third gender”, granting them fundamental constitutional rights. The court affirmed the right to self-identify as male, female, or third gender without medical intervention, entitling them to legal protection against discrimination.“The haste with which the Bill was introduced, passed and given assent is questionable. For years, the government sat over data without enacting schemes or spending allocated budgets. And now there is a tearing hurry to implement a system to ensure ‘the right beneficiary’ is identified. For the past few months, the National Portal for Trangenders has not been effectively working and now no new applications are being accepted. All this Act has done now is to create fear mongering. The current provisions have so many similarities with the draconian Criminal Tribes Act of 1871. It seems that the government is using this to enable law enforcement agencies to bring in more punitive measures. A tough fight lies ahead for us,” says Zainab.“This is an attack on identity. The Bill shows a very flawed, criminalising understanding of trans identities. Once the Act is notified, the problems for our community will increase manifold,” points out trans woman Rudrani Rajkumari, who has spent years trying to build a life on her own terms — leaving home, navigating hostilities, and trying to complete her education. She now fears it will be difficult for her to return to her native state Assam. She will turn 35 soon, and her aim of becoming a lawyer one day appears a distant dream.The new law is not an abstract policy change, she says. “It is something that could determine whether I am recognised at all — whether my identity is accepted, questioned or denied.”“About 32,000 transgender (TG) identity certificates have been issued so far. Even before this Bill became an Act, members of the community who had accessed the TG card were contacted by the District Magistrate’s office, etc. There are fears that the TG cards will be taken away and everyone might have to undergo the entire medical process of establishing their gender,” says Rudrani. “Our bodies might be violated in the name of medical scrutiny where other people will have the authority to decide if we deserve to be recognised as trans persons or not.”“The Act will make things many times worse than what we face now. Tomorrow, if I’m walking on the road, anyone can harass and attack me. I cannot go to the police or seek protection because my identity as a transgender person is not recognised,” fears Rudrani.“I identify as a trans woman. I have my PAN card, Aadhaar card, passport, Provident Fund account. Tomorrow, if the government says I am not a trans person, it definitely means I will not be a woman. If I’m not a woman, I’m not trans — then what does that make me?” questions Zainab, the only out-and-open trans person to be in the Indian UN network.Reversal of progressFor activists like Mx Dhananjay Chauhan, the Act will undo years of hard-won progress. Chauhan, the first openly transgender person to take admission at Panjab University, Chandigarh, has spent years pushing institutions to recognise transgender rights. Through sustained activism and legal interventions, this trans woman has helped secure separate hostels and washrooms, fee waivers, reserved seats, and anti-discrimination protections for transgender students.She was also involved in setting up transgender welfare boards in Punjab and Haryana, besides establishing a transgender protection cell in Punjab Police.“All that I fought for has come to naught. What will happen to all that activism?” she asks. “This raises a question mark on everything. When there is no self-perceived identity, who will come to universities to study?”Chauhan, who has undergone gender affirmation surgery, points out that many transgender individuals today live outside traditional dera or hijra community structures, building independent lives, careers and relationships. By excluding them altogether, they risk being ostracised, she says.“Since the Bill was passed, I have been flooded with calls from the community, especially from those living outside the deras. They are worried about what to do, where to go. They struggled so much to become role models in society, to build their identity. When that identity is taken away, where will they go? There is no home, no support. They have been thrown out of their homes, out of society. Their biggest worry is that if they cannot access surgery or declare themselves as transgender, what will they do?” adds Chauhan, who is also a member of the Transgender Welfare Board of Chandigarh.Crime and punishmentAt the legal level, the uncertainty is equally stark. One of the most pressing concerns is what happens to those who have already been recognised as transgender persons, points out Jayna Kothari, Senior Advocate at the Supreme Court.More than 30,000 persons have been issued transgender identity cards under the existing system. It is even more problematic for those who have not yet obtained TG cards but have already legally changed their names and gender markers across documents such as Aadhaar, PAN and passport. They are living in their chosen gender identity of male, female or transgender, she says. “What happens to them going forward? When they use their documents, will they again be questioned? Will they be told they are no longer transgender and cannot use their chosen name or gender?” questions Kothari.Another major concern is the addition of new criminal offences under Section 18. This not only covers kidnapping or forcing a person but also includes those who use ‘undue influence’ to make someone dress as transgender or undergo treatment. The offence carries a punishment of up to 10 years.“This puts a lot of support persons at risk. Doctors, caregivers, activists, supporters and members of the community are concerned because even helping someone could be construed as undue influence,” she says, adding that many individuals are already undergoing hormonal treatment, which cannot be abruptly stopped.This could create a chilling effect. Healthcare providers may withdraw services, community networks may weaken, and individuals could be left navigating their journeys in isolation, she warns.Welfare to regulationThe concerns go beyond legal ambiguity and fear is already being felt on the ground, says Zainab. Medical providers are beginning to deny surgeries and other gender-affirming care, awaiting government instructions. Law enforcement advisories, though not new, are taking on a more punitive tone in the current context, she shares.“The biggest challenge is involving the public healthcare system. Beyond metropolitan cities and a few tier-one or tier-two cities, the condition is extremely poor — even for basic hospitalisation or certification. Where is the capacity within the government to set up so many district-level committees? Where is the time or trained professionals? And where does one go for grievance redressal if a certificate is denied?” she asks.And, what about privacy? “They are going to examine your body — this is a clear violation of dignity, bodily autonomy and equality. Which government scheme requires you to undress before an official?” asks Zainab.Kothari points out that before the NALSA judgment and the 2019 Act came, welfare boards of some states required medical proof. “Even when trans persons had undergone surgery, they were made to strip for proof. The process was extremely dehumanising. That is precisely what the NALSA judgment sought to end by recognising self-identification. The latest developments risk reopening all of that.” So, beyond the certificate, “which itself is a privacy violation, if the authorities are still not convinced, what more proof can one give?” asks Kothari.

Identity at risk: The transgender rights amendment Act is raising many fears in the community

The transgender rights amendment Act is sparking concerns about privacy violations and undoing years of hard-won legal, social gains

Seema Sachdeva

Identity at risk: The transgender rights amendment Act is raising many fears in the community

The transgender rights amendment Act is sparking concerns about privacy violations and undoing years of hard-won legal, social gains

Seema Sachdeva

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