India’s upper house passes transgender bill stripping gender autonomy
"This is not a harmless clarification. It is a constitutional regression," says Thamizhachi Thangapandian, a member of India’s lower house of parliament
By Aaron Sugg
India’s Rajya Sabha passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, on 25 March; it now awaits approval from president Droupadi Murmu.
The upper house of India’s parliament has ruled in favour of the controversial bill, which would strip transgender people of their gender autonomy, making it dependent on medical certification.
The bill seeks amendments to the Transgender Persons (Protection of Rights) Act, 2019, under which Indian law currently grants the right to self-perceived gender identity through a certificate of identity.
Transgender Persons (Protection of Rights) Amendment Bill, 2026 proposes changes to the 2019 Act
Changes to the 2019 Act include: narrowing the legal definition of a transgender person and removing the right to self-perceived gender identity, proposing recognition based on certain biological or physiological characteristics by a medical board.
The bill has been met with protests and petitions across the country. According to the Times of India, advocate G Kiran Raj said: “Gender identity must be based on self-identification, not medical examinations.”
One such petition outlines the dangers of the proposed anti-trans legislation: “This amendment represents a major step backwards.”
The campaign adds: “For over a decade, India has been recognised for adopting an inclusive understanding of the term ‘transgender’.”
“The Transgender Persons (Protection of Rights) Act, 2019, recognised these principles and provided limited protections to one of the largest transgender populations in the world,” the body continues. “The 2026 Amendment Bill dismantles this model.”
“This is not a technical correction” – Thamizhachi Thangapandian, a member of India’s lower house of parliament, Lok Sabha condemning the bill
Thamizhachi Thangapandian, a member of India’s lower house of Parliament, Lok Sabha, condemned the bill. She said in the House of the People: “This is not a technical correction.
“This is not a harmless clarification. It is a constitutional regression! It is a bill that pretends to protect while actually narrowing identity, expanding surveillance, and reintroducing state control over the most personal truth a human being can hold: who they are.”
The bill also introduces graded punishments for offences against transgender individuals in schools, healthcare, and the workplace, proposing a maximum penalty increased from two years (under the 2019 law) to 14 years.