'Lakhs of transgender people's identities will get erased. Many of them will go into hiding and lead depressing lives.'
Key Points
- The Transgender Persons Bill 2026 removes the right to self-identify, limiting recognition to biological or physical traits.
- Transgender activists have criticised the bill for being regressive and exclusionary, potentially erasing the identities of many transgender individuals.
- Concerns have been raised about the bill's definition of transgenders and the requirement for medical examination to obtain a transgender certificate.
- The bill has sparked controversy due to perceived inadequate punishment for crimes against transgender individuals, particularly in cases of rape and sexual abuse.
- Activists are planning to appeal against the bill in court, seeking to protect the rights and identities of the transgender community in India.
Parliament passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, marking a significant development in the legal framework governing transgender rights in India.
The bill was approved by the Rajya Sabha on Wednesday, March 25, 2026, following its passage in the Lok Sabha a day earlier through a voice vote amid an Opposition-led walkout.
The bill removes the right to self-identify and instead limits recognition to those defined by biological or physical traits. This includes people with intersex variations -- where a person is born with sex characteristics that do not fit typical definitions of male or female -- as well as traditional identities long used among transgender communities in India.
Responding to the debate in the Rajya Sabha, Social Justice and Empowerment Minister Dr Virendra Kumar stated that the government remains committed to the welfare of the transgender community, and emphasised that the bill aims to empower transgender persons and ensure them dignity, adding that the government has undertaken multiple initiatives to promote inclusion and eliminate discrimination.
However, despite the government's claims, the legislation has not gone well with the transgender community who feel that the bill was against their interests.
Transgender activists say the new bill moves away from the self-identification principle of the 2014 court ruling and could reshape how transgender people are legally recognised.
In 2014, the Supreme Court recognised transgender people as a 'third gender' and affirmed their right to self-identify.
Transgender activists argue that the new definition could exclude many transgender people, particularly those who rely on self-identification, including some trans men and women as well as non-binary and gender-fluid people.
Kalki Subramaniam, a social scientist who resigned on Thursday as a member of the National Council for Transgender Persons in protest against the legislation, tells Syed Firdaus Ashraf/Rediff why this bill passed is against the interests of the transgender community.
'The ministry did not even bother to meet us before passing this bill in Parliament'
You have resigned as a member of the National Council for Transgender Persons over the latest legislation. What are your concerns?
The new transgender bill is more regressive than progressive. I was a member of the National Council for Transgender Persons and I represent my people from six different states -- Tamil Nadu, Kerala, Puduchurrey, Telangana, Karnataka and Andhra Pradesh.
The ministry did not even bother to meet us before passing this bill in Parliament.
We are appointed by the government to implement policies and welfare schemes for transgender people and other community issues. We had no mail or no information about this bill till it was passed.
Were you not called for any meeting?
Yes, we got a call on Friday, at midnight, that Social Justice and Empowerment Minister Dr Virendra Kumar would like to meet us. We booked our flights urgently to Delhi because the bill was to be presented in the Lok Sabha. Sadly, when we reached Delhi he did not meet us. We could not meet him but only some officers.
I had already shared a letter about the concerns over passing this bill. I also went to the minister's residence but could not meet him as I was told he was not keeping well. We were disappointed and had to come back empty-handed and could not speak our mind about this bill.
'If anyone rapes a transgender woman the punishment is only for two years'
What is the problem with this bill, according to you?
There are many things.
The definition of a transgender person as per the Bill reads, 'a person having such socio-cultural identities as kinner, hijra, aravani and jogta, or eunuch', which is very insulting.
Apart from this there is no mention (in the bill) of the identities of trans-men, trans-women, transgender men or transgender women.
This bill is very exclusionary.
Another part which is very disappointing is that if anyone rapes a transgender woman the punishment is only for two years whereas the punishment for raping a (heterosexual) woman is very harsh, many years of jail.
According to officials, transgender women's rape will be considered only as sexual abuse and not rape.
I have seen transgender women victims of rape and sexual violence every day. I have more than 500 testimonials of our community people.
We run a project called Red Wall Project through which for the past seven years I have collected documents of such sexual abuses and rapes of transgender community. It is horrible if you read it.
What was the punishment for raping a transgender woman earlier?
It was always the same. We wanted it to change in the amendment, but the government did not do it.
'We don't know why the government is targeting us'
Why is the government not listening to you? What do they tell you?
They don't tell us anything. That is the problem.
Everybody is asking the same question to us, why is the government doing this in the time of election?
We are a very minority community and we don't know why the government is targeting us as we are not even a vote bank for them.
What is the population of transgenders in India?
The 2011 Census says we are 4.88 lakh in number but I don't think that is the right figure, the actual number will be five times higher.
'It will be very difficult for our community to change their gender in government documents'
What is the role of the district magistrate in issuing certificates to transgenders as per this bill?
There is a big problem. Every transgender person has to show their genitals to prove they are transgender.
Not to the district magistrate but to the chief medical officer in a government hospital to get a certificate that they are transgender. And with that certificate they have to go to the district magistrate and get the transgender certificate. The hospital CMO will decide (if you are a transgender).
Was this the case earlier too?
It was not compulsory. But now it has been made compulsory and is regressive.
What problems do you anticipate on the ground?
Lakhs of transgender people's identities will get erased. Many of them will go into hiding and lead depressing lives.
It will be very difficult for our community to get a transgender card or change their gender in government documents.
How will this bill affect someone who has undergone gender-affirming surgery to change their sex?
They must be feeling very sad, the ones who are in transit. When you are going through the transition period and this kind of bill comes out, it will surely be very hurting. I feel very sorry for them.
What about the future?
We can only go to court now and save ourselves by appealing against this bill.
Right now I am comforting my community people. I am trying to give them positive energy by giving them light and hope.
