Daijiworld Media Network - New Delhi
New Delhi, Mar 23: As Parliament prepares to take up amendments to the Transgender Persons (Protection of Rights) Act, 2019, transgender rights activists have voiced strong opposition, warning that the proposed changes could dilute key protections and undermine the principle of self-identification.
Activists, along with Opposition MPs, held a public meeting on Sunday, urging the government to pause the process and hold wider consultations before proceeding with the Bill, which is expected to be introduced in Parliament on Monday.
At the centre of the concerns is a proposed requirement for “medical proof” of gender identity. Activists argue that this marks a departure from the 2019 law, which recognises transgender persons based on self-identification across a broad spectrum of identities.
The amendments seek to replace this inclusive definition with a restricted list of categories, excluding many individuals who were previously covered. The Bill also states that it will not include persons with diverse sexual orientations or self-perceived identities, a move critics say wrongly conflates gender identity with sexual orientation.
Activists say this contradicts the landmark NALSA v. Union of India ruling, which upheld the right to self-determination of gender identity and clearly distinguished it from sexual orientation.
Lawyer and activist Raghavi said the proposed changes ignore ground realities, pointing out that many transgender persons cannot afford gender-affirming surgeries. She questioned how individuals would be recognised if self-identification is removed.
The amendments propose that only those who are “born intersex” or have undergone specific medical procedures would be recognised as transgender persons, a provision activists say excludes a large section of the community, including trans men and those outside traditional groups.
Concerns have also been raised over provisions that could criminalise individuals and support systems under vague definitions of “force” and “inducement”. Activists warn that such clauses could be misused against families, doctors and social workers assisting transgender persons.
They further alleged that the amendments reinforce harmful stereotypes and echo colonial-era frameworks such as the Criminal Tribes Act, 1871.
LGBTQ+ activist Keshav Suri said the proposed changes undermine the spirit of the Supreme Court’s ruling and stressed that any amendment must follow detailed consultation with the community.
Activists also criticised the lack of consultation with the National Board for Transgender Persons, noting that several of its members have opposed the Bill.
They warned that thousands who have secured legal recognition under existing provisions could face uncertainty if the amendments are passed, and urged the government to ensure that any changes uphold dignity, inclusion and the right to self-identification.