'Threat to self-identification': Feminist alliance seeks repeal of new transgender law

By A Representative

The All India Feminist Alliance (ALIFA–NAPM) has reiterated its solidarity with transgender communities across the country, marking 12 years of the landmark National Legal Services Authority v. Union of India (NALSA) judgment while calling for the repeal of the Transgender Persons (Protection of Rights) Amendment Act, 2026.

In a detailed statement, ALIFA linked the anniversary of the April 15, 2014 Supreme Court verdict—which recognised transgender persons’ right to self-identification—with the broader legacy of social justice associated with Ambedkar Jayanti on April 14. The organisation emphasised that the NALSA ruling had affirmed constitutional guarantees of equality, dignity and non-discrimination, and mandated proactive state measures for inclusion.

The organisation said widespread protests have taken place since March 13, when the Amendment Bill was introduced in the Lok Sabha without prior consultation with stakeholders, including the National Council for Transgender Persons. It noted that despite representations from activists, opposition members of Parliament, and resignations by two council members, the Bill was passed within two weeks. Concerns raised by the Supreme Court-appointed Asha Menon Committee were also cited, with ALIFA stating that appeals to the Union Ministry of Social Justice and Empowerment went unheeded. The President gave assent to the Bill on March 30, and the law is currently awaiting the formulation of rules.

According to ALIFA, the Amendment introduces provisions that could significantly alter the framework established by the Transgender Persons Act, 2019, particularly with regard to self-identification. The group said the new law mandates state validation processes involving district authorities and medical boards, which may affect access to legal recognition. It added that some transgender persons undergoing medical or legal transitions have faced uncertainty, with service providers reportedly pausing procedures due to regulatory concerns. Mental health professionals, it noted, have also expressed concern over increased distress within a community already vulnerable to discrimination.

The statement further highlighted gaps in implementation of existing provisions, noting that several states have yet to establish mandated welfare boards under the 2019 law. It argued that legislative changes should follow effective implementation and consultation. ALIFA also pointed to continuing barriers faced by transgender persons in education, employment and welfare, including access to housing, protection from discrimination, and demands for affirmative action and social security. Concerns were raised about provisions relating to reporting of gender-affirming procedures, which, it said, may affect medical confidentiality, as well as about the impact on community-based support systems such as chosen families and informal networks.

Framing the issue within constitutional guarantees under Articles 14, 15 and 21, ALIFA said the NALSA judgment had established self-determination of gender as integral to fundamental rights. It expressed concern that the Amendment could reshape the balance between individual autonomy and administrative processes, and situated the developments within wider global debates on gender and rights.

ALIFA called for repeal of the 2026 Amendment Act and restoration of self-identification provisions, along with legal recognition based on self-declaration, protection for diverse family and support structures, implementation of reservations in education and employment, expansion of welfare schemes including healthcare and livelihood support, greater representation of transgender persons in policymaking bodies, and stronger accountability mechanisms to address discrimination and violence.

The organisation urged civil society groups, political parties and democratic movements to engage with the issue, stating that the debate around transgender rights is closely linked to broader questions of equality, social justice and constitutional protections.

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