Parliament has passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, with the Rajya Sabha approving it today. The bill was passed by the Lok Sabha yesterday by a voice vote amid an Opposition-led walkout. The bill seeks to redefine the category of transgender, removes the provision of self-perceived gender identity and excludes several socio-cultural identities as well as transmasculine individuals from its ambit. It also further defines transgender persons within a biological framework, based on intersex variations and differences in sexual development.
Replying to the discussion on the Bill in the Rajya Sabha, Social Justice and Empowerment Minister Dr Virendra Kumar said the government is compassionate towards the well-being of the transgender community. He said the Bill has provisions to empower the transgenders and give them dignity. The Minister said that the NDA government has taken several initiatives to bring transgender people to the mainstream and stop discrimination against them.
Starting the discussion in the Upper House, Congress MP Renuka Chowdhury said this bill dilutes the privacy of an individual provided under the Constitution. Opposing the Bill, Ms Chowdhury said self-identification cannot be taken away through bureaucratic certification. Criticizing the government, she said that the proposed bill undermines the fundamental rights and dignity of transgender persons.
Calling such a move wrong and illegal, she argued that forcing transgender persons to provide their identity through official certificates is against the spirit of equality and dignity guaranteed by the constitution.
She also questioned the government’s approach for not properly consulting with the transgender community before bringing the Bill. She also referred to the Supreme Court’s landmark NALSA judgement of 2014, which recognized the right of transgender persons to self-identify their gender. Ms Chowdhury said the proposed Bill violates the principles laid down in that judgement and fails to respect an already established legal framework.
DMK MP Tiruchi Shiva also opposed the Bill, saying that even if the Bill is passed in Parliament with a majority, it will be struck down by the Supreme Court. He further added that the Bill violates Articles 14, 15, 19 and 21 of the Constitution and it deprives the community of the right to freedom, dignity and self-determination.
Supporting the Bill, BJP MP Medha Vishram Kulkarni said, ” This Bill ensures justice, dignity, protection from criminalisation and legal safeguards for transgender persons. She also thanked Prime Minister Narendra Modi for bringing this bill with certain amendments in order to ensure that the benefits reach the deserving people in a proper manner. She said there is a need for a law that brings justice to real transgender individuals and punishes fake ones. Mrs Kulkarni said the benefits should be extended to those who are transgender by birth. She said that the amendment to extend punishment will bring down the rate of crime and forced identities.
TMC’s Saket Gokhale said that 31% of Transgender people in India have attempted suicide because of the discrimination that they are facing. He alleged that now the government is going to start discriminating against them as though social discrimination were not enough. He called it unacceptable. Mr Gokhale expressed concern that gender is going to be decided by the Chief Medical Officer and a District Magistrate, and the bill does not prescribe any qualifications for the Chief Medical Officer.
Sanjay Singh of AAP said the Bill is a big let-down for the transgender community. He accused the government of not doing anything for the community. RJD’s Manoj Kr Jha said that prejudices against transgender people should stop, and they should be able to live with dignity. He added that self-determination of gender should not be taken away.
CPI(M)’s John Brittas said it is a black-letter day and the Bill is taking India a century back. He pleaded with the government to either withdraw the Bill or refer it to a Select Committee.
Jaya Bachchan of the Samajwadi Party also questioned the government over the legislation. She sought to know what the urgency was in bringing the Bill, without examining it with the depth and care that it deserved.
