Transpeople protest against bill clause that denies right to self-identify gender
Times of India | 17 March 2026
Kolkata: Members of the transgender (TG) and queer communities, and gender rights activists in West Bengal came down heavily on the Transgender Persons (Protection of Rights) Amendment Bill, 2026, introduced in the Lok Sabha on March 13. Various organisations demanded withdrawal of the bill and sought proper consultation with stakeholders before any future amendment.
According to the proposed amendment, it removes the recognition of self-identified gender, which the community argues is a principle affirmed by the Supreme Court in National Legal Services Authority (NALSA) v Union of India.
The bill introduces a Screening Committee that could enforce surgical gatekeeping and biomedical surveillance, which the community strongly opposed.
The NALSA judgement allows a person to self-identify a gender that is not the gender assigned at birth.
"This amendment bill is in violation of the SC judgement, which destroys our identity and future. This bill has to be rejected," said Rahul Mitra, a trans man.
A media conference by the Queer Trans Collective in Kolkata on Monday saw the community expressing its concerns. They said that the right to self-identify gender is central to the dignity and autonomy of transgender persons, and that diluting it would roll back one of the most important legal protections won by the community.
At present, a TG person applies to the DM (District Magistrate) of the district they reside in for a TG certificate. This certificate allows them to change their gender in various official documents, in addition to giving them access to govt welfare schemes.
The new bill requires applications to be scrutinised by a screening or medical committee before approval by the DM. The community fears that this effectively introduces a regime of biomedical surveillance, where state and medical authorities monitor and judge gender identity through medical criteria.
"In the last decade, we saw transgender youth step into the mainstream—studying, working as nurses, doctors, lawyers and even pilots, and building families with dignity. Even the 2019 Act is still being implemented across departments. Any rollback now would be devastating for a generation of trans youth who only just began to believe that the Constitution protects their identity," said gender and rights activist Bappaditya Mukherjee.
The Transgender Adhikar Sanghati Manch said the proposed amendments risk diluting the constitutional protection affirmed by the Supreme Court via the NALSA judgement. The organisation, along with members of the TG community and allied voices, will also organise a series of activities demanding roll back of the proposed amendment.