The Rajya Sabha has taken up the Transgender Persons (Protection of Rights) Amendment Bill, 2026, for consideration and passing. 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. 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, Mrs Renuka Chowdhury said the 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 people 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.
Mrs 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 Transgender Persons Bill is passed in Parliament with a majority, it will be struck down by the Supreme Court.
He further added that the Bill violated Articles 14, 15, 19 and 21 of the Constitution, which deprives the community of the right to freedom, dignity and self-determination. Supporting the Bill, BJP MP Medha Vishram Kulkarni said that bringing this Bill to ensure 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.
