Transgender Bill undermines self-identification rights: Civil liberties group

By A Representative

The People’s Union for Civil Liberties (PUCL) has strongly condemned the Transgender Persons (Protection of Rights) Amendment Bill, 2026, terming it “unconstitutional, regressive and exclusionary,” and demanded its immediate withdrawal. In a statement issued by its National General Secretary Dr. V. Suresh, the organisation said the proposed amendments would dilute key protections under the existing 2019 law and undermine the rights of transgender persons.

The statement follows the introduction of the Bill in Parliament on March 13 by Union Social Justice and Empowerment Minister Virendra Kumar. PUCL criticised the government for not placing the Bill in the public domain for wider consultation, calling it a “shocking attempt to roll back hard-won rights” of the transgender community.

According to PUCL, the proposed amendments significantly narrow the definition of “transgender persons,” thereby excluding a large number of individuals, including trans men, trans women, genderqueer and non-binary persons, from legal protection. The organisation said the Bill removes the right to self-identification of gender, which had been recognised under the Transgender Persons (Protection of Rights) Act, 2019, and affirmed by the Supreme Court in the landmark NALSA v. Union of India ruling.

The PUCL argued that the Bill restricts recognition to limited categories such as traditional socio-cultural identities, intersex persons, and individuals allegedly forced into transgender identities, while explicitly excluding those with self-perceived gender identities. It described this as discriminatory and contrary to constitutional guarantees under Articles 14, 15 and 21.

The statement also raised concerns over new procedural requirements, including mandatory medical certification and discretionary powers vested in district authorities for granting identity recognition. PUCL said these provisions would create additional barriers and discourage transgender persons from accessing legal recognition and associated rights.

Further, the organisation objected to proposed amendments introducing new criminal provisions related to “kidnapping” and “inducement,” warning that these could be misused against support systems, activists and chosen families who assist transgender persons. It said the provisions reinforce stereotypes by portraying transgender identity as a result of coercion rather than personal choice, while imposing harsher penalties compared to those for abuse against transgender individuals.

The PUCL also highlighted gaps in legal protections against sexual violence, noting the absence of provisions addressing sexual assault of transgender persons under current criminal law frameworks.

Describing the Bill as part of a broader pattern of policies affecting vulnerable communities, PUCL alleged that the amendment reflects a wider “anti-rights” approach. The organisation urged the government to withdraw the Bill immediately and engage in meaningful consultation with stakeholders.

PUCL President Kavita Srivastava and Dr. Suresh reiterated the organisation’s solidarity with the transgender community, stating that the proposed law would jeopardise existing rights and deepen social and legal exclusion if enacted.

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