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President Droupadi Murmu on Tuesday assented to the Transgender Persons (Protection of Rights) Amendment Bill, 2026, a measure that Amnesty International says restricts the ability of transgender and gender-diverse individuals to self-identify. Aakar Patel, chair of Amnesty International India’s board, criticized the law, stating: “This regressive law dilutes safeguards and deepens state intrusion into the lives of transgender people.”
The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was passed by voice vote in both houses of Parliament on March 25, completing its legislative approval process. Opposition leaders raised concerns over the expedited process and urged that the bill be referred to a standing committee for broader consultation with stakeholders. Under the amended framework, transgender individuals are required to undergo a series of official verification procedures before their gender identity can be legally recognized by authorities.
The amendment introduces a narrower definition of “transgender,” limiting recognition to specified socio-cultural categories and biological variations. It also removes a separate definition of intersex persons, grouping them within the broader transgender category. Additionally, the law establishes criminal penalties for “compelling,” “forcing,” or “alluring” a person or child to present as transgender, with punishments extending up to life imprisonment.
Legal observers note that the amendment departs from principles articulated by the Supreme Court in NALSA v. Union of India, in which the Court recognized gender identity as a matter of personal autonomy and affirmed the right to self-identification without mandatory medical intervention. The new framework replaces the Court’s recognition of self-identification with a system requiring certification by a medical board and subsequent recognition by a District Magistrate, raising concerns among critics about increased state oversight and potential inconsistencies with constitutional protections and international human rights standards.
The legislation was enacted despite objections from a Supreme Court-appointed expert committee on transgender rights, which had recommended withdrawing the bill and conducting further consultations with affected communities. The committee explicitly asked the government to withdraw the bill and engage in meaningful consultation with transgender communities. However, the government proceeded with the legislation.
Meanwhile, the Rajasthan High Court cautioned that legislative changes cannot dilute constitutional guarantees, particularly those recognized in prior Supreme Court rulings, signaling the potential for future legal challenges to the amendment.
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The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was passed by voice vote in both houses of Parliament on March 25, completing its legislative approval process. Opposition leaders raised concerns over the expedited process and urged that the bill be referred to a standing committee for broader consultation with stakeholders. Under the amended framework, transgender individuals are required to undergo a series of official verification procedures before their gender identity can be legally recognized by authorities.
The amendment introduces a narrower definition of “transgender,” limiting recognition to specified socio-cultural categories and biological variations. It also removes a separate definition of intersex persons, grouping them within the broader transgender category. Additionally, the law establishes criminal penalties for “compelling,” “forcing,” or “alluring” a person or child to present as transgender, with punishments extending up to life imprisonment.
Legal observers note that the amendment departs from principles articulated by the Supreme Court in NALSA v. Union of India, in which the Court recognized gender identity as a matter of personal autonomy and affirmed the right to self-identification without mandatory medical intervention. The new framework replaces the Court’s recognition of self-identification with a system requiring certification by a medical board and subsequent recognition by a District Magistrate, raising concerns among critics about increased state oversight and potential inconsistencies with constitutional protections and international human rights standards.
The legislation was enacted despite objections from a Supreme Court-appointed expert committee on transgender rights, which had recommended withdrawing the bill and conducting further consultations with affected communities. The committee explicitly asked the government to withdraw the bill and engage in meaningful consultation with transgender communities. However, the government proceeded with the legislation.
Meanwhile, the Rajasthan High Court cautioned that legislative changes cannot dilute constitutional guarantees, particularly those recognized in prior Supreme Court rulings, signaling the potential for future legal challenges to the amendment.
The post India passes transgender rights amendment, prompting concerns over compliance with Supreme Court precedent appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.