India's parliament has passed a controversial bill that seeks to change how transgender people are legally recognised and their right to self-identify, amid protests by opposition parties and the LGBTQ community. The government says the changes will make welfare benefits more accessible and strengthen an existing law against exploitation and trafficking, but critics warn it could exclude many transgender, non-binary and gender-fluid people.
India is estimated to have around two million transgender people, though activists say the true number is higher and legal recognition remains uneven. The legislation was approved by both houses this week and now needs the president's assent to become law.
In 2014, India's Supreme Court recognised transgender people as a third gender and affirmed their right to self-identify. Despite legal protections, many transgender people in India continue to face discrimination and limited access to education, healthcare, and formal employment, often relying on traditional or informal forms of work.
In 2019, the Transgender Persons (Protection of Rights) Act was enacted, aimed at addressing vulnerabilities faced by the community. Now, the new bill - essentially a proposed amendment to the 2019 law - centres on how a transgender person is defined. The government says the current definition is too vague and makes it difficult to identify those who are most marginalised. It argues that a narrower definition will help ensure welfare benefits, such as job reservations and healthcare support, reach those who need them.
However, it removes the right to self-identify and limits recognition to those defined by biological or physical traits, including intersex variations, which could significantly change how transgender people are legally acknowledged. Additionally, the bill makes certification from medical boards and district authorities mandatory for those undergoing gender-affirming surgeries.
Activists argue that the new bill moves away from the self-identification principle recognized in 2014 and could reshape how transgender individuals are viewed legally. Critics contend these changes could marginalize those who rely on self-identification, particularly non-binary and gender-fluid persons, stating that mandatory medical certification undermines dignity and autonomy.
Transgender rights activist Laxmi Narayan Tripathi expressed deep concern, saying, It has shattered our identity. While activist Grace Banu emphasized the need for recognition without invasion and rights without humiliation, stating, This is not protection, but violation.
Legal experts have voiced strong opposition to the removal of self-identification, describing it as a threat to individual privacy and dignity. A Supreme Court-appointed advisory panel has recommended withdrawal of the bill, cautioning that its changes could hinder progress in transgender rights. Protests have ensued across India over recent weeks, as the LGBTQ community mobilizes against the proposed amendments. Both opposition politicians and civil rights advocates have denounced the bill as draconian.\
India is estimated to have around two million transgender people, though activists say the true number is higher and legal recognition remains uneven. The legislation was approved by both houses this week and now needs the president's assent to become law.
In 2014, India's Supreme Court recognised transgender people as a third gender and affirmed their right to self-identify. Despite legal protections, many transgender people in India continue to face discrimination and limited access to education, healthcare, and formal employment, often relying on traditional or informal forms of work.
In 2019, the Transgender Persons (Protection of Rights) Act was enacted, aimed at addressing vulnerabilities faced by the community. Now, the new bill - essentially a proposed amendment to the 2019 law - centres on how a transgender person is defined. The government says the current definition is too vague and makes it difficult to identify those who are most marginalised. It argues that a narrower definition will help ensure welfare benefits, such as job reservations and healthcare support, reach those who need them.
However, it removes the right to self-identify and limits recognition to those defined by biological or physical traits, including intersex variations, which could significantly change how transgender people are legally acknowledged. Additionally, the bill makes certification from medical boards and district authorities mandatory for those undergoing gender-affirming surgeries.
Activists argue that the new bill moves away from the self-identification principle recognized in 2014 and could reshape how transgender individuals are viewed legally. Critics contend these changes could marginalize those who rely on self-identification, particularly non-binary and gender-fluid persons, stating that mandatory medical certification undermines dignity and autonomy.
Transgender rights activist Laxmi Narayan Tripathi expressed deep concern, saying, It has shattered our identity. While activist Grace Banu emphasized the need for recognition without invasion and rights without humiliation, stating, This is not protection, but violation.
Legal experts have voiced strong opposition to the removal of self-identification, describing it as a threat to individual privacy and dignity. A Supreme Court-appointed advisory panel has recommended withdrawal of the bill, cautioning that its changes could hinder progress in transgender rights. Protests have ensued across India over recent weeks, as the LGBTQ community mobilizes against the proposed amendments. Both opposition politicians and civil rights advocates have denounced the bill as draconian.\
