A proposed amendment to India's transgender rights law is facing criticism, with an NCP leader arguing it undermines self-identification and was drafted without proper consultation, potentially jeopardising the progress made in transgender rights.
Key Points
- NCP (SP) leader Anish Gawande criticises the Transgender Persons Amendment Bill, arguing it weakens the right to self-determination of gender identity.
- Gawande highlights the 2014 NALSA judgment and the 2019 Act, which affirmed transgender persons' right to self-identify their gender.
- The NCP leader questions the rationale behind the proposed changes, citing a lack of evidence for 'misuse' of the current definition.
- Gawande alleges inadequate consultation with the transgender community and statutory bodies during the drafting of the amendment bill.
- He emphasises the continuing marginalisation of transgender persons and the need for inclusion and equal opportunity.
NCP (SP) leader Anish Gawande on Tuesday urged the government to withdraw the Transgender Persons Amendment Bill, 2026, calling it "misguided".
The Transgender Persons (Protection of Rights) Amendment Bill was introduced by Social Justice and Empowerment Minister Virendra Kumar in Lok Sabha last week. It seeks to give a precise definition of the term "transgender" and exclude "different sexual orientations and self-perceived sexual identities" from the proposed law's ambit.
Gawande, who is the first gay national spokesperson of a political party in the country, told PTI that the Bill "weakens a Constitution-guaranteed and judiciary-upheld right to self-determination of gender identity".
He referred to the 2014 National Legal Services Authority (NALSA) judgment and the 2019 Act which allowed transgender persons to identify their gender irrespective of surgery or community affiliation.
Gawande said Prime Minister Narendra Modi has been "very vocal about his support for the transgender community" and has focused on "self-respect and dignity", but added that "this amendment goes against those principles of self-respect and dignity" and should be reconsidered by the government and the social Justice Ministry.
Calling the principle of "self-identification" fundamental, he said the amendment Bill "violates it for no reason".
Gawande said the Bill should ideally be withdrawn, adding that "if not, it must be sent to the Parliamentary Standing Committee for wider consultations, as was done with the 2016 draft".
Concerns Over the Amendment Bill
He also questioned the rationale behind the proposed changes, which cite "misuse" and a "broad definition" as concerns.
"If the definition was truly broad, more people should have received transgender ID cards and accessed welfare benefits by now," he said, pointing out that less than 1.3 per cent of the estimated transgender population has been issued ID cards.
"This bill is trying to solve a problem that doesn't exist and should be withdrawn," he told PTI.
Lack of Consultation Alleged
On the issue of consultation, he alleged that neither the transgender community nor statutory bodies like the National Council for Transgender Persons were adequately consulted.
"Nothing about a community without the community. Their voices must be heard before drafting such laws," he said, calling the Bill "hasty".
Marginalisation of Transgender Persons
Gawande also underlined the continuing marginalisation of transgender persons, noting that many are still forced into begging or sex work due to lack of access to housing, healthcare, education and employment.
"Seventy-five years after Independence, inclusion remains a challenge. Ensuring dignity and equal opportunity for transgender persons is essential to the vision of an inclusive India," he added.
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