BENGALURU: Transgender activists and community leaders have raised concerns over the proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026, saying it could weaken the right of transgender and gender-diverse persons to identify their own gender.
Trans rights activist Akkai Padmashali, appointed to a Supreme Court committee for transgender rights, said the amendment threatens the rights recognised by the Supreme Court in NALSA vs Union of India.
“The judgment clearly recognised that every individual has the right to self-determine their gender identity. Taking away that right will push the community backwards after years of struggle,” she said.
Activists said the amendment moves towards medical control over gender identity. “Gender identity is about how a person understands one self. It cannot be decided by a medical board or through biological tests,” said gender-fluid writer Ritash, adding that requiring certification could create barriers for people who do not undergo medical transition.
Activists criticised the proposal to introduce medical boards and district-level approval for recognising transgender identities. “Earlier, people could declare their gender identity themselves. Now the government wants officials and doctors to decide who is transgender,” said trans activist Uma P.
Activists pointed out that the amendment could criminalise and stigmatise the community again. “Instead of implementing the protection promised earlier, the government is trying to restrict who can be recognised as transgender,” shared Kumar, a trans activist.
Lawyer Arvind Narrain of People’s Union for Civil Liberties (Karnataka) said the amendment raises serious constitutional concerns. According to him, the proposed changes narrow the definition of transgender persons by limiting it to certain socio-cultural identities such as hijra, kinner or aravani and persons with intersex variations. “The amendment excludes people with self-perceived gender identities or gender fluidity, which goes against the core principle of self-identification recognised in the NALSA judgment,” he said.
Narrain also criticised the proposal requiring certification from a government-appointed medical board and approval from a district magistrate for legal recognition. “Gender identity cannot be determined by medical authorities. The Supreme Court has already recognised self-identification as a fundamental aspect of dignity and personal autonomy,” he said.
Meanwhile, the Karnataka State Gender and Sexuality Minorities Coalition for Convergence warned that the amendment narrows the definition of transgender persons and could place the rights of thousands of people at risk. Activists in Bengaluru said they are holding meetings and planning protests and legal action against the proposed amendment.