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Rajya Sabha Takes Up Transgender Persons Amendment Bill Amid Sharp Opposition Criticism
Mar 25, 2026The Rajya Sabha on Wednesday took up the Transgender Persons (Protection of Rights) Amendment Bill, 2026, for consideration and passage, a day after it was approved by the Lok Sabha through a voice vote amid an Opposition walkout.
The proposed legislation seeks to redefine the category of transgender persons by introducing a biological framework based on intersex variations and differences in sexual development. It also removes the provision for self-perceived gender identity and excludes several socio-cultural identities as well as transmasculine individuals from its scope.
Initiating the discussion, Congress MP Renuka Chowdhury strongly opposed the Bill, stating that it dilutes the constitutional right to privacy and undermines the dignity of transgender individuals. She argued that self-identification of gender cannot be replaced by bureaucratic certification and criticized the government for failing to adequately consult the transgender community before introducing the amendments.
Chowdhury also referred to the Supreme Court’s landmark 2014 NALSA judgment, which recognized the right of transgender persons to self-identify their gender. She said the proposed changes violate the principles established by the ruling and disregard an already settled legal framework.
DMK MP Tiruchi Siva echoed similar concerns, warning that the Bill, even if passed by Parliament, could be struck down by the Supreme Court. He argued that the provisions infringe upon fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution, thereby affecting equality, freedom, dignity, and self-determination.
Supporting the Bill, BJP MP Medha Vishram Kulkarni said the amendments aim to ensure justice, dignity, and legal protection for transgender persons. She emphasized the need to prevent misuse of benefits and stated that welfare measures should reach those who are genuinely transgender. Kulkarni added that stricter provisions could help reduce crime and address cases of forced or fraudulent identity claims.
The Bill has sparked a broader debate over the balance between self-identification and state regulation, with critics calling it exclusionary and supporters defending it as a step toward more structured legal safeguards.
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